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High Court of Punjab and HaryanaCRM-M/4799/2019allowed

Parshotam Sharma v. State Of Punjab

2021-09-30Mr. Justice Jasgurpreet Singh Puri3 pages

THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Decided on: September 30, 2021.

(1) CRM-M-4799-2019 (O&M).

Parshotam Sharma .. Petitioner

VERSUS

State of Punjab .. Respondent * * * (2) CRM-M-9560-2020 (O&M).

Parshotam Sharma .. Petitioner

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Avtar Singh Khinda, Advocate, for the petitioner in both the petitions.

Mr.Randhir Singh Thind, DAG, Punjab.

Mr.Parunjeet Singh, Advocate, for the complainant. JASGURPREET SINGH PURI , J. (ORAL ) On 4.3.2020, CRM-M-9560-2020 was ordered to be heard along with CRM-M-4799-2019.

CRM-M-9560-2020 CRM-M-9560-2020 pertains to the quashing of FIR No.191 dated 4.11.2018, under Sections 420 and 120-B IPC and Section 24 of the Immigration Act, 1965 and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, registered at Police Station Haibowal, District Ludhiana, based upon compromise Annexure P-2, whereas CRM-M-47992019, pertains to the prayer for the grant of anticipatory bail to the petitioner in the above said FIR.

Today, learned counsel for the petitioner as well as learned counsel for the complainant have stated that although the compromise was arrived at between the parties but the same has not been honoured. This Court does not wish to go into the dispute as to who has not honoured the compromise but the fact remains that petition for quashing of FIR on the basis of compromise cannot sustain now when the compromise has not been given effect to.

Consequently, CRM-M-9560-2020 pertaining to the quashing of FIR is hereby dismissed.

CRM-M-4799-2019 CRM-M-4799-2019, pertains to the prayer for the grant of anticipatory bail to the petitioner.

Vide order dated 4.3.2020, this Court had granted interim protection to the petitioner and he was directed to join the investigation and remain present as and when called for.

Today, learned State counsel, on instruction from ASI

Davinder Singh, has submitted that in pursuance to the order passed by this Court on 4.3.2020, the petitioner has already joined investigation and has fully cooperated with the investigation process and is not required for custodial investigation.

In view of the stand taken by the learned State counsel, CRM-M-4799-2019, is allowed and interim order dated 4.3.2020, is hereby made absolute.

A photocopy of the order be placed on the file of connected case.

September 30, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No