Gurdeep Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.49585 of 2024 Date of decision: 02.12.2024 Gurdeep Singh and another ....Petitioners V/s State of Punjab and another ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Ms. Apoorva Arya, Advocate, for the petitioners.

Mr. Shiva Khurmi, AAG, Punjab for respondent No.1-State.

Mr. Neeraj Jain, Advocate for respondent No.2.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The instant petition is for quashing of FIR No.0233 dated 12.11.2018 under Sections 420, 465, 467, 468, 471 and 120-B IPC, 1860 registered at Police Station Sarabha Nagar, District Ludhiana, Punjab, and all consequential proceedings arising out of the same, on the basis of compromise dated 13.09.2024 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 04.10.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 24.10.2024 to get their statements recorded regarding the compromise arrived at, between them.

CRM-M No.49585 of 2024 -23.

Report has since been received from learned Judicial Magistrate Ist Class, Ludhiana, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioner is quashed.

4.

The Trial Court has annexed the statements (in original) of the parties, alongwith its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Ludhiana and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua petitioners.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) December 02, 2024 JUDGE poonam

CRM-M No.49585 of 2024 -3Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No