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High Court of Punjab and HaryanaCRM-M/37842/2019allowed

Harpreet Singh v. State Of Punjab And Another

2021-01-19Mr. Justice Sudip Ahluwalia2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.37842 of 2019 Date of Decision : 19.01.2021 Harpreet Singh .....Petitioner

Versus

State of Punjab and another .....Respondents CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. Harneet S. Oberoi, Advocate for the Petitioner.

Mr. B.S. Sewak, Addl. Advocate General, Punjab for Respondent No.1/State.

Ms. Karanbeer Kaur, Advocate for Respondent No.2.

SUDIP AHLUWALIA, J. (ORAL) In this petition, the Petitioner, who the accused in F.I.R No.17, dated 23.01.2019, under Sections 420 of the Indian Penal Code, registered at Police Station Sadar Dhuri, District Sangrur (Annexure P-1), has prayed for quashing of F.I.R. with all subsequent proceedings pending therefrom, on the basis of compromise.

2.

Now the complainant has arrived at a settlement with the accused vide Panchayati Compromise (Annexure P-2), which is duly signed by him. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Ld. Judicial Magistrate 1st Class, Dhuri, vide report dated 23.10.2019 has apprised this Court that the DEEPAK KUMAR 2021.01.19 02:46 I attest to the accuracy and integrity of this document

CRM-M No.37842 of 2019 -2compromise arrived at between the parties is genuine and without any pressure.

3.

Respondent No.2 is represented by his Counsel who does not dispute the factum of compromise.

4.

In view of the report of the Ld. Judicial Magistrate 1st Class, Dhuri, and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the Complainant has himself compromised the dispute with the Petitioner/accused. 5.

In the circumstances, the present petition is allowed. F.I.R No.17, dated 23.01.2019, under Sections 420 of the Indian Penal Code, registered at Police Station Sadar Dhuri, District Sangrur (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the Petitioner.

January 19, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.01.19 02:46 I attest to the accuracy and integrity of this document