Jagsheer Singh Kailey v. State Of Punjab And Others

CRM-M-32410-2023 (O&M) 2023:PHHC:126282

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-32410-2023 (O&M) Date of decision: 25.09.2023 Jagsheer Singh

...Petitioner

VS State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Kamaldeep Singh Sidhu, Advocate for the petitioner.


 

     Ms.Kirandeep Kaur, Advocate, for respondents no.2 and 3.

***** ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.15 dated 17.02.2023 (Annexure P-1) registered under Sections 420, 467. 468 and 471 of the IPC, at Police Station Sudhar, District Ludhiana, and all subsequent proceedings arising therefrom, on the basis of compromise dated 15.05.2023 (Annexures P-2).

2.

Since quashing was sought on the basis of compromise, this Court vide orders dated 07.07.2023 and 21.07.2023 had directed the private parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 28.07.2023 of learned Judicial Magistrate Ist Class, Jagraon, had been received. Report reveals that statements of complainant party i.e. respondents no.2 and 3 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 3 and accused/petitioner have arrived at a compromise voluntarily and without any coercion.

DHARAM VIR 2023.09.28 10:06 I attest to the accuracy and authenticity of this order/judgement.

CRM-M-32410-2023 (O&M) 2023:PHHC:126282 4.

Learned counsel for complainant/respondents no.2 and 3 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 Pradesh"1 and a Full Bench decision of this Court in "Kulwinder Singh and others V. State of Punjab and others"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.15 dated 17.02.2023 (Annexure P-1) registered under Sections 420, 467. 468 and 471 of the IPC, at Police Station Sudhar, District Ludhiana, and all proceedings emanating there from qua the petitioner stand quashed.

8.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 25.09.2023 'D'Vir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1Criminal Appeal No.1489 of 2012 2007 (3) RCR (Criminal) 1052 DHARAM VIR 2023.09.28 10:06 I attest to the accuracy and authenticity of this order/judgement.