Gurdeep Singh v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-25793-2023 Date of Decision:- 17.07.2023 Gurdeep Singh ....Petitioner Vs.
State of Punjab and anr.
...Respondents
CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Raghav Goyal, Advocate for the petitioner.
Mr. Mohit Thakur, AAG, Punjab.
Mr. Amrit Singh Kang, Advocate for Ms. Khushdeep S. Mann, Advocate for respondent No. 2.
****** ARUN MONGA, J. (Oral) Petitioner seek quashing of FIR No.61 dated 28.03.2022 registered under Sections 406, 420, 120-B IPC and Section 24 of Immigration Act (Sections 465,467,468,471 IPC added later) on vide DDR No. 23 dated 05.04.2022 (Annexure P-1) at Police Station Phase I, District SAS Nagar, Mohali on the basis of compromise deed dated 16.02.2023 (Annexure P-2), stated to have been arrived between the parties.
2.
Since quashing was sought on the basis of compromise, this Court on dated 22.05.2023 had directed the parties to appear before the Illaqua Magistrate/trial Court/Duty Magistrate for recording their statements in support of the compromise. A veracity report was also called.
3.
Report dated 12.07.2023 of learned Chief Judicial Magistrate-cum-Addl. Civil Judge (Senior Division), SAS Nagar, Mohali had been received. Report reveals that statements of complainant party i.e. respondents No. 2 as also of accused/present petitioner herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondents No. 2 and accused/petitioner have arrived at a compromise voluntarily and without any coercion. 4.
Learned counsel for the complainant/respondents No. 2 state 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 Pradesh1 and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and other.2 6.
In the premise it is 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 impugned FIR.
7.
Petition is thus allowed. FIR No.61 dated 28.03.2022 registered under Sections 406, 420, 120-B IPC and Section 24 of Criminal Appeal No. 1489 of 2012 2007 (3) RCR (Criminal) 1052.
Immigration Act and Sections 465,467,468,471 IPC added later on vide DDR No.23 dated 05.04.2022(Annexure P-1) and all proceedings emanating there from qua the petitioner stand quashed. 8.
Pending application(s), if any, shall also stand disposed of. JULY 17, 2023 (ARUN MONGA) Harish Kumar JUDGE Whether speaking/reasoned:
Yes/No.
Whether reportable:
Yes/No