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High Court of Punjab and HaryanaCRM-M/24708/2024allowed

Lovedeep Singh v. State Of Punjab And Another

2024-09-23Ms. Justice Harpreet Kaur Jeewan3 pages

 Sr. No.290

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 23rd September 2024 LOVEDEEP SINGH ........Petitioner versus STATE OF PUNJAB AND ANOTHER .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Arpan Sabharwal, Advocate for the petitioner.

Mr. Davinder Bir Singh, Sr. DAG, Punjab.

None for respondent No.2.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.206 dated 28.09.2023, under Sections 406, 498-A IPC, 1860, registered at Police Station Division No.6, Police Commissionerate, Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise deed dated 29.04.2024 (Annexure P-2), executed between the parties.

2.

This Court, vide order dated 16.05.2024, had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3.

Pursuant to the aforesaid order, the parties have appeared before the Judicial Magistrate Ist Class, Ludhiana and got their statements recorded. On the basis of the statements so recorded, the learned Magistrate has submitted report dated 17.07.2024 with the following observations:-

 "xxx xxx xxx xxx (i) The compromise effected between both the parties is genuine. (ii) Only one complainant namely Harpreet Kaur is involved in the present case.

(iii) During investigation of the present case, no additional accused has been added in the present case.

(iv) As per statement of IO SI Satnam Singh no accused has been declared as proclaimed offender.

(v) No offence was added or deleted after registration of FIR in the present case.

(vi) As per IO SI Satnam Singh, the accused has not been declared as innocent and only Lovedeep Singh is the accused in the present case. xxx xxx xxx xxx"

4.

Learned State counsel has not disputed the factum of compromise between the parties.

5.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6.

Following the principles laid down by the Full Bench judgment of this Court in "Kulwinder Singh and others Versus State of Punjab and another 2007"

(3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in "Gian Singh Versus State of Punjab and others" (2012) 10 SCC 303, the present petition is allowed and FIR No.206 dated 28.09.2023, under Sections 406, 498-A IPC, 1860, registered at Police Station Division No.6, Police Commissionerate, Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom are ordered to be quashed qua the petitioner.

7.

However, the respondent No.2 and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise deed dated 29.04.2024 (Annexure P-2) are violated.

 8.

Pending miscellaneous application(s), if any, shall also stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 23rd September 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No