Luvpreet @ Lovepreet Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 44608 of 2019 (O&M) Date of Decision: 29.11.2021 Luvpreet @ Lovepreet Singh and another .......... Petitioners

Versus

State of Punjab and another .......... Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. B.S. Bajwa, Advocate for the petitioners. Mr. Bhupender Beniwal, Assistant Advocate General, Punjab Mr. R.K. Choudhary, Advocate for respondent No. 2.

**** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioners, by way of filing the present petition under Section 482 Cr.P.C., are seeking quashing of FIR No. 61 of 13.08.2019, registered at Police Station Fatehgarh Churian, District Gurdaspur, constituting therein offences under Sections 336, 427, 506, 148, 149 of the IPC, and, under Sections 25/27 of Arms Act, and, also of all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.

2.

When the instant petition came up before this Court, on 10.02.2020, an order was made upon the learned Magistrate concerned, to make a report to this Court, with respect to the genuineness of the afore compromise, and, also in respect of antecedental criminal activity of the accused, and, besides with regard to the total number of accused involved in the case, and, his/their status of being proclaimed offender/person. The afore order, makes it apparent that the petitioners, had depended, upon, a DINESH KUMAR 2021.12.01 12:55 I attest to the accuracy and integrity of this document compromise/settlement, arrived at, in respect of the FIR (supra) with the

CRM-M No. 44608 of 2019 (O&M) -2complainant-respondent.

3.

The afore made order by this Court on 10.02.2020, has been complied with by the learned Illaqa Magistrate concerned, and, the elicited report has been placed on record. A perusal of the report, transmitted to this Court, by the learned Magistrate concerned, reveals that the settlement / compromise, arrived at inter se the petitioners, and, complainantrespondent(s), is a sequel of both, being ad idem qua it, besides the compromise / settlement being a sequel of no pressure or coercion, being exercised upon each other. Therefore, the learned Magistrate has reported that the settlement / compromise, depended upon by the petitioners, for seeking quashing of the FIR (supra), is both voluntary, and, genuine. 4.

Since, the offences carried in the FIR (supra), are compoundable, and, also when a valid compromise has been entered into, inter se, the accused / petitioners, and, the respondent(s) -complainant, besides when the learned State Counsel has stated that the challan has not been presented as yet. Therefore, this Court deems it fit to allow the petition. 5.

Consequently, the present petition is allowed, and, the FIR (supra), and, also all subsequent proceedings arising therefrom, are quashed qua the petitioners.

November 29, 2021 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2021.12.01 12:55 I attest to the accuracy and integrity of this document