Parminder Singh Dhillon @ Parvinder Singh v. State Of Punjab And Another

CRM-M-14248-2023 -12024:PHHC:112980

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14248-2023 Date of decision: 31.08.2024 PARMINDER SINGH DHILLON @ PARVINDER SINGH

...Petitioner

VERSUS

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT Present:- Mr. Harpreet Singh Multani, Advocate for Mr. Harmanpreet Singh Mander, Advocate for the petitioner.

Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr. Abhay Josan, Advocate for respondent No.2/complainant.

**** N. S. SHEKHAWAT, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. for quashing of an FIR No. 20 dated 27.12.2017 under Sections 420 and 406 of IPC registered at Police Station NRI, SAS Nagar, Mohali (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 21.12.2018 (Annexure P-3).

2.

Learned counsel for the petitioner contends that the petitioner has been declared as proclaimed offender vide order dated 30.11.2018 in the present case, however, the said order has been quashed by this Court vide order dated 30.11.2023 in "CRM-M-14192-2023" titled as "Parminder Singh Dhillon @ Parvinder Singh Vs. State of Punjab and another". 3.

Vide order dated 30.01.2024 while issuing notice of motion, by a Co-ordinate Bench of
this Court had directed the parties to appear before the MAMTA 2024.08.31 13:46 I attest to the accuracy and integrity of this order/judgment

CRM-M-14248-2023 -22024:PHHC:112980 Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 21.12.2018 (Annexure P-3). 4.

Pursuant to aforesaid order, the parties have appeared before the learned Judicial Magistrate 1st Class, SAS Nagar and got their statements recorded. Report dated 22.07.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. 5.

I have heard counsel for the parties and gone through the case file. 6.

In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner.

7.

Resultantly, FIR No. 20 dated 27.12.2017 under Sections 420 and 406 of IPC registered at Police Station NRI, SAS Nagar, Mohali (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner.

(N. S. SHEKHAWAT) 31.08.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.08.31 13:46 I attest to the accuracy and integrity of this order/judgment