Sarabjit Singh Karwal Alias Master Sarabjit Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43137-2024 (O&M) Date of decision: 24.02.2025 Sarabjit Singh Karwal @ Master Sarabjit Singh and Another ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Saurav Kanojia, Advocate for the petitioners.

Mr. Rishabh Singla, AAG, Punjab.

Ms. Sonia Monga, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of Cr.P.C. (Section 528 of BNSS) seeking quashing of FIR No.84 dated 07.03.2018 registered under Sections 420 and 120-B IPC, Sections 10 and 24 of the Immigration Act (subsequently Sections 10 and 24 of the Immigration Act stand deleted and Section 12 of the Passport Act, 1920, has been added) at Police Station Model Town, District Ludhiana (Rural), in view of the compromise dated 21.08.2024. 2.

The following order was passed on 03.09.2024:- "XX XX XX XX Notice of motion for 22.01.2025.

At this stage, Ms. Sonia Monga, Advocate, has put in appearance on behalf of respondent No.2 and has filed power of attorney, which is taken on record.

The parties are directed to move an application before the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Illaqa Magistrate shall consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any convenient date. After recording the statements of all the affected parties, and upon getting requisite information from Investigating Officer, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded, broadly on the following aspects:

(i) Whether there is any other accused other than the petitioner, arrayed in this petition.

(ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition.

(iii) Whether any accused has been declared Proclaimed Offender?

(iv) Whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion?

The report be submitted before this Court on or before the next date.

It is made clear that the amount of Rs.3 lakhs which the petitioners had deposited at the time of granting

anticipatory bail, may be released, as per the mutual understanding of the parties."

3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.84 dated 07.03.2018 registered under Sections 420 and 120-B IPC, Sections 10 and 24 of the Immigration Act (subsequently Sections 10 and 24 of the Immigration Act stand deleted and Section 12 of the Passport Act, 1920, has been added) at Police Station Model Town, District Ludhiana (Rural) and all subsequent proceedings arising out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR) JUDGE 24.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No