Sunil Kumar Jindal And ORS v. State Of Punjab And Another

227 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28888-2023 Date of Decision: October 13, 2023 Sunil Kumar Jindal and others

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Jagdeep Singh Rana, Advocate for the petitioners. Mr. M.S. Nagra, AAG, Punjab.

Ms. Deepali, Advocate for respondent No.2.

DEEPAK GUPTA , J.(Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.50 dated 26.03.2023, under Sections 420, 465, 467, 468, 471 and 120-B of IPC, besides Sections 66, 67 and 68 of Information Technology Act, 2000, registered at Police Station Focal Point, District Ludhiana and all subsequent proceedings arising therefrom on the basis of the settlement dated 23.04.2023 (Annexure P-7). 2.

This Court vide order dated 01.06.2023 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise. 3.

Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate 1st Class, Ludhiana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 26.07.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

SARITA RANI 2023.10.12 18:13 I attest to the accuracy and integrity of this document/order

CRM-M-28888-2023 4.

Statement of complainant-respondent No.2 Sukhveer Singh with regard to compromise before learned Magistrate was recorded on 10.07.2023.

5.

Learned State counsel as well as learned counsel for respondent No.2 have not disputed the factum of compromise between the parties.

6.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. 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, this petition is allowed and F.I.R. No.50 dated 26.03.2023, under Sections 420, 465, 467, 468, 471 and 120-B of IPC, besides Sections 66, 67 and 68 of Information Technology Act, 2000, registered at Police Station Focal Point, District Ludhiana and all subsequent proceedings arising therefrom on the basis of the settlement dated 23.04.2023 (Annexure P-7) qua the petitioners, are hereby quashed. October 13, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.10.12 18:13 I attest to the accuracy and integrity of this document/order