Prince Kumar And Another v. State Of Punjab And Others

2024:PHHC:036231 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29478-2023 (O&M) Date of Decision:-13.3.2024 Prince Kumar and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Naveen Bawa, Advocate for the petitioners. Mr. Vishavjeet Singh Virk, DAG, Punjab.

Mr. Harshit Jain, Advocate for respondents No.2 to 5. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners seek quashing of FIR No.06, dated 9.1.2023 registered at Police Station Sadar Ludhiana, District Ludhiana under Sections 420, 120-B of Indian Penal Code and Section 24 of Immigration Act and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Vide order dated 3.7.2023, the parties had been directed to appear before the Trial Court/Duty Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Ludhiana has been received, wherein it has been reported that statements of petitioners/accused Prince Kumar, Raj Kumar and also of respondent Nos.2 to 5 namely Davinder Pankaj Kakkar 2024.03.14 10:19 I attest to the accuracy and authenticity of this document

CRM-M-29478-2023 (O&M) ( 2 ) Singh, Sahilpreet Singh, Sukhvir Kaur and Varinder Singh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent Nos.2 to 5 namely Davinder Singh, Sahilpreet Singh, Sukhvir Kaur and Varinder Singh in their statements have stated that they have no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Ludhiana has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.06, dated 9.1.2023 registered at Police Station Sadar Ludhiana, District Ludhiana under Sections 420, 120-B of Indian Penal Code and Section 24 of Immigration Act and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

13.3.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.03.14 10:19 I attest to the accuracy and authenticity of this document