Surjit Kumar And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-37139-2024 Date of Decision: 27.05.2025 SURJIT KUMAR AND ANOTHER ....Petitioner(s)

VERSUS

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

Present:

Mr. Sartaj Singh Thakur, Advocate for the petitioners.

Mr. Satvir Singh Mander, AAG, Punjab.

Mr. Ajay Kumar Chaudhary, Advocate for respondent Nos.2 to 5.

**** SUKHVINDER KAUR , J. (Oral) The present petition has been filed for quashing of FIR No.0081 dated 08.06.2024, under Sections 420, 406 of IPC, registered at Police Station Mukerian, District Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise dated 25.06.2024 (Annexure P-2).

This Court vide order dated 02.08.2024 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.

Pursuant to the aforesaid order, parties appeared before the learned Sub Divisional Judicial Magistrate, Mukerian, and got their statements recorded. On the basis of statements so recorded, learned SANGEETA 2025.05.27 16:41 I attest to the accuracy and integrity of this document

CRM-M-37139-2024 Magistrate has submitted his report dated 13.08.2024 vide which he has submitted that as per the statement of the parties, the compromise dated 25.06.2024 effected between them appears to be genuine, voluntary and without any coercion or undue influence.

Learned State Counsel as well as counsel for respondent Nos. 2 to 5 have not disputed the factum of compromise between the parties. 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. 0081 dated 08.06.2024.

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 0081 dated 08.06.2024 under Sections 420, 406 of IPC, registered at Police Station Mukerian, District Hoshiarpur, and all subsequent proceedings arising therefrom, on the basis of compromise dated 25.06.2024 (Annexure P-2) are quashed qua the petitioners.

(SUKHVINDER KAUR) 27 May, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2025.05.27 16:41 I attest to the accuracy and integrity of this document