Gurpreet Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-14077-2024 Date of decision: July 10th, 2024 Gurpreet Singh .....Petitioner

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Mayank Manoharr Mahla, Advocate for Mr. Veneet Sharma, Advocate for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. Sandeep Sharma, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking quashing of FIR No.202 dated 23.11.2011 under Sections 420, 120-B of the IPC registered at Police Station Chherretta, Amritsar City, along with all subsequent proceedings arising therefrom including the proceedings declaring him to be a proclaimed offender, on the basis of compromise dated 11.03.2024 (Annexure P-2).

2.

Vide order dated 10.04.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 10.05.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified PUNEET SACHDEVA 2024.07.10 14:54 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-14077-2024 -2and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and complainant has also made statement to the effect that he would have no objection if the FIR qua the accusedpetitioner is quashed. 4.

The trial Court has annexed the copies of the statements of the parties, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned trial Court and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. July 10th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.07.10 14:54 I attest to the accuracy and integrity of this document Chandigarh