Harpreet Singh And Another v. State Of Punjab And Another

N.C. No.2023:PHHC:131932

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-3504-2023 (O&M) Date of decision: 10.10.2023 HARPREET SINGH AND ANOTHER ....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Ms. Nandita Aggarwal, Advocate for Mr. Ankur Bali, Advocate for the petitioners. Ms. Swati Batra, DAG Punjab.

Mr. Akash Jain, Advocate for Ms. Shruti Rathore, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 11.01.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 24.04.2017 406, 420, 120-B IPC City Kharar, District SAS Nagar 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 11.01.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The SANDAL SHARMA 2023.10.13 17:46 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:131932 CRM-M-3504-2023 (O&M) -2learned Judicial Magistrate First Class, Kharar vide report dated 04.10.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have deposited the cost of Rs.10,000/- in view of the order dated 04.09.2023 passed by this Court. 3.

Respondent No.2 is represented by her counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the learned Judicial Magistrate First Class, Kharar and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.86 dated 24.04.2017 under Sections 406, 420, 120-B of IPC registered at Police Station City Kharar, District SAS Nagar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 10.10.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.10.13 17:46 I attest to the accuracy and authenticity of this order/judgment