Kuldeep Singh v. State Of Punjab And Another

CRM-M-22838-2023 2023:PHHC:114855

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22838-2023 (O&M) Date of decision: 01.09.2023 Kuldeep Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Rishab Singla, Advocate, For the petitioner.

Mr. Madhur Sharma, AAG, Punjab.

Mr. Siddhanth Arora, Advocate, For respondent No.2.

ARUN MONGA, J. (ORAL) The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') seeking quashing of FIR No.20 dated 15.02.2023 (Annexure P-1), under Sections 279/337/338/421 of Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station, Sidhwan Bet, District Ludhiana (Rural) and subsequent proceedings thereto, on the basis of compromise dated 22.04.2023 (Annexure P-2), which is stated to have been entered into between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 08.05.2023 had directed the parties to appear before learned trial Court/ Illaqa Magistrate concerned for recording of their statements in support of compromise. A veracity report was also called for. 3.

Placed on record is a report dated 10.07.2023 of learned Judicial Magistrate 1st Class, Jagraon and a perusal of same would reveal that the statements of complainant/respondent No.2 as also of accused/present petitioner herein have been duly recorded and it has been opined that a compromise has SHALINI BHATIA 2023.09.02 11:45 I attest to the accuracy and integrity of this order/ judgment

CRM-M-22838-2023 2023:PHHC:114855 been arrived and is authentic, genuine, voluntary and out of free will of the parties. The report is accompanied by statements of the parties which were duly recorded.

4.

Learned counsel for complainant/respondent No.2 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 dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 6.

In the considered view of this Court, it would be 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 the impugned FIR. 7.

For the reasons recorded above, the present petition is allowed. FIR No.20 dated 15.02.2023 (Annexure P-1), under Sections 279/337/338/421 of Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station, Sidhwan Bet, District Ludhiana (Rural) and all proceedings emanating there from qua the petitioners stand quashed.

8.

Pending application(s), if any, shall also stand disposed of. SEPTEMBER 01, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.09.02 11:45 I attest to the accuracy and integrity of this order/ judgment