Palwinder Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31872-2019 Date of Decision: 14.05.2025 PALWINDER SINGH AND ANOTHER ....petitioners(s)

VERSUS

STATE OF PUNJAB AND ANOTHER ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SUKHVINDER KAUR

Present:

Mr. N.S. Minhas, Advocate and Mr. Gurmehar Singh Minhas, Advocate for the petitioners.

Mr. Satvir Singh Mander, AAG, Punjab.

Mr. Sumit Kalyan, Advocate for respondent No.2. **** SUKHVINDER KAUR , J. (Oral) 1.

The present petition has been filed for quashing of FIR No.40 dated 17.03.2019, under Sections 406, 420, 120-B of IPC and Section 13 of Travel Professional Regulation Act 2014, registered at Police Station Bhogpur, District Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 27.05.2019 (Annexure P-2). 2.

This Court vide order dated 20.02.2025 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 genuineness of the compromise.

3.

Pursuant to the aforesaid order, parties appeared before the learned Judicial Magistrate 1st Class, Jalandhar, and got their statements recorded. On the basis of statements so recorded, learned Magistrate has SANGEETA 2025.05.15 10:16 I attest to the accuracy and integrity of this document

CRM-M-31872-2019 submitted his report dated 11.03.2025 vide which he has submitted that as per the statement of the parties, the compromise dated 27.05.2019 effected between them appears to be genuine, voluntary and without any coercion or undue influence.

3.

Learned State Counsel as well as counsel for respondent Nos. 2 have not disputed the factum of compromise between the parties. 4.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR No. 40 dated 17.03.2019.

5.

Following the principles laid down by the Full Bench Judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the present petitions are allowed and FIR No. 40 dated 17.03.2019 u/s 420, 120-B, 406 IPC and Section 13 of Travel Professional Regulation Act, 2014, registered at Police Station Bhogpur, District Jalandhar, and all subsequent proceedings arising therefrom, on the basis of compromise dated 27.05.2019 (Annexure P-2) are quashed qua the petitioners.

(SUKHVINDER KAUR) May 14, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2025.05.15 10:16 I attest to the accuracy and integrity of this document