Gurpreet Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-07.04.2022 GURPREET SINGH ... Petitioner

Versus

STATE OF PUNJAB AND ANOTHER ... Respondents *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Anil Kumar Sagar, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

Mr. Keerat Pal Singh Dhaliwal, Advocate for the complainant.

***** KARAMJIT SINGH , J. (Oral) Present petition is for quashing of FIR No.110 dated 31.5.2014 registered under Sections 406, 420 IPC and Section 24 of Emigration Act at Police Station Phase-I District SAS Nagar on the basis of compromise dated 15.3.2021 (Annexure P-2) along with other consequential proceedings arising thereto.

The above stated FIR was registered on the basis of the complaint lodged by respondent No.2-Jagtar Singh, in which he alleged that

( 2 ) petitioner-Gurpreet Singh took money from him on the pretext of sending him abroad, but thereafter said Gurpreet Singh failed to fulfill his promise and also refused to return his money.

On notice of motion, respondent No.2 appeared in the Court through their counsel and pleaded that he has no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

In compliance thereof, report from the Court of Cheif Judicial Magistrate, SAS Nagar, Mohali along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. I have heard learned counsel for the parties Learned counsel for the parties are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

I am of the view that the aforesaid compromise is in the welfare and interest of the parties and will enable the parties to live in peace and enjoy their life in a dignified manner. Also there is no legal impediment in

( 3 ) translating their wishes into reality by putting an end to the criminal prosecution initiated on the basis of FIR in question. For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.110 dated 31.5.2014 registered under Sections 406, 420 IPC and Section 24 of Emigration Act at Police Station Phase-I District SAS Nagar on the basis of compromise dated 15.3.2021 (Annexure P-2) and all the subsequent proceedings thereof are hereby quashed qua the petitioner. ( KARAMJIT SINGH) 07.04.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No