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High Court of Punjab and HaryanaCRM-M/45083/2019dismissed

Gurpreet Singh @ Sahil v. State Of Punjab And Another

2020-03-05Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-45083-2019 (O&M) Date of Decision:-5.3.2020 Gurpreet Singh @ Sahil ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Akhilesh Vyas, Advocate for the petitioner. Mr. Randhir Singh Thind, Deputy Advocate General, Punjab. Ms. Rajni Maurya, Advocate for the complainant. ***** GURVINDER SINGH GILL, J.(Oral) 1.

This petition has been filed on behalf of the petitioner seeking quashing of FIR No.37 dated 21.2.2017 registered at Police Station C-Division, District Police Commissionerate, Amritsar under Sections 379-B, 411 and 34 of Indian Penal Code as well as judgment dated 16.12.2017 passed by learned Sessions Judge, Amritsar, whereby the petitioner has been held guilty for offence under Section 411 of Indian Penal Code and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

It has been informed that the petitioner has also challenged the aforesaid judgment by way of filing an appeal i.e. CRA-S-201-SB of 2018 titled as 'Gurpreet Singh @ Sahil Vs. State of Punjab' which is still pending. PANKAJ KAKKAR 2020.03.05 17:42 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-45083-2019 (O&M) 3.

Since this Court is already seized of a criminal appeal, therefore, propriety demands that the prayer for setting aside the aforesaid judgment on the basis of compromise be made in the appeal itself.

4.

At this stage, the learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to move an appropriate application in criminal appeal, which is already pending before this Court, seeking setting aside of the impugned judgment on the basis of compromise.

5.

In view of the aforesaid submission, the present petition is dismissed as withdrawn with liberty aforesaid.

5.3.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.03.05 17:42 I attest to the accuracy and integrity of this document