Satpal And Others v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33567-2020 Decided on : 12.01.2021 Satpal & ors.

...... Petitioners

Versus

State of Punjab & anr.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. M.S.Bajwa, Advocate for the petitioners.

Mr. H.S.Sitta, AAG, Punjab.

Mr. R.S.Sidhu, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.78 dated 05.12.2019 under Sections 420 and 406 IPC and Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014 registered at Police Station City Balachaur, District SBS Nagar and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 17.06.2020 (Annexure P-2) arrived at, between the parties.

Vide order dated 26.10.2020 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 26.11.2020 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 24.12.2020 has since been received from the learned Sub Divisional Judicial Magistrate, Balachaur, SBS Nagar in pursuance to the direction of this Court. As per the report, compromise has SONIA BURA 2021.01.12 15:55 I attest to the accuracy and integrity of this document chandigarh

CRM-M-33567-2020 -2indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the statements of the parties in original alongwith its report. Learned State counsel also submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Ludhiana and the principles laid down by 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. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 12.01.2021 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.01.12 15:55 I attest to the accuracy and integrity of this document chandigarh