Sarabjit Singh And ANR v. State Of Punjab And Another

N.C. No.2023:PHHC:139451

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-46810-2023(O&M) Date of decision: 31.10.2023 SARABJIT SINGH AND ANR ....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Aditya Anand, Advocate for the petitioners. Mr. Anmol Singh Sandhu, AAG Punjab.

Mr. Gurkirat Singh, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated NIL (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 02.02.2021 420 and 120-B IPC;

Section 13 of Punjab Travel Professional (Regulation) Act;

Section 24 of Immigration Act Sadar Kapurthala, District Kapurthala 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated NIL (Annexure P-2), which is duly signed by them. 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 learned SANDAL SHARMA 2023.11.06 17:51 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:139451 CRM-M-46810-2023(O&M) -2Additional Chief Judicial Magistrate, Kapurthala vide report dated 27.10.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the learned Additional Chief Judicial Magistrate, Kapurthala 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 petitioners/ accused persons.

5.

In the circumstances, the present petition is allowed. FIR No.19 dated 02.02.2021, under Sections 420 and 120-B IPC; Section 13 of Punjab Travel Professional (Regulation) Act; Section 24 of Immigration Act registered at Police Station Sadar Kapurthala, District Kapurthala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 31.10.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.11.06 17:51 I attest to the accuracy and authenticity of this order/judgment