Sukhdev Pal And ANR. v. State Of Punjab And Others
2023:PHHC:114243 CRM-M-6692-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-6692-2023 Date of decision: 31.08.2023 Sukhdev Pal and another ....Petitioners V/s State of Punjab and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
Present:
Ms. Komalpreet Kaur, Advocate for Mr. Sandeep Arora, Advocate for the petitioners. Mr. Madhu Sharma, AAG Punjab.
Ms. Kuljeet Kaur, Advocate for Mr. G.S. Rawat, Advocate for respondent Nos.2 to 4. ***** ARUN MONGA, J. (Oral) Petitioners seek quashing of FIR No.18 dated 25.02.2013 (Annexure P-1), registered under Sections 406 and 420 IPC, at Police Station Jhabal, District Tarn Taran and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-3), which is stated to have been effected between the parties; and also to quash the judgment dated 25.09.2018 (Annexure P-2) passed by learned Additional Chief Judicial Magistrate, Tarn Taran, whereby petitioners were convicted under Section 420 IPC.
2.
Since quashing was sought on the basis of compromise, this Court vide order dated 08.02.2023 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for.
3.
Report dated 30.05.2023 of learned Additional District and Sessions Judge, Tarn Taran had been received. Report reveals that statements of complainant party i.e., respondent Nos. 2 to 4 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is AJAY KUMAR 2023.09.01 11:56 I attest to the accuracy and authenticity of this document High Court, Chandigarh
2023:PHHC:114243 CRM-M-6692-2023 accompanied by the statements of parties. It is apparent that the complainant/respondent Nos. 2 to 4 and accused/petitioners herein, have arrived at a compromise voluntarily and without any coercion. 4.
Learned counsel for complainant/respondent Nos. 2 to 4 states that he would have no objection to the quashing of FIR in question. 5.
This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated29.09.2021 of the Supreme Court in case titled "Ramgopal and anr. V. The State of Madhya Pradesh"1 and a Full Bench decision of this Court in "Kulwinder Singh and others V. State of Punjab and others2". 6.
In the premise, it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.
7.
Petition is thus allowed. FIR No.18 dated 25.02.2013 (Annexure P-1), registered under Sections 406 and 420 IPC, at Police Station Jhabal, District Tarn Taran and all subsequent proceedings emanating therefrom as also judgment dated 25.09.2018 (Annexure P-2) passed by learned Additional Chief Judicial Magistrate, Tarn Taran, whereby petitioners were convicted under Section 420 IPC, stand quashed.
8.
Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE August 31, 2023 Ajay Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 AJAY KUMAR 2023.09.01 11:56 I attest to the accuracy and authenticity of this document High Court, Chandigarh