Harsimran Singh And ORS. v. State Of Punjab And ORS.

CRM-M-56798-2022 2023:PHHC:118009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-56798-2022 (O&M) Date of decision: 06.09.2023 Harsimran Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Ankit Kharbanda, Advocate, For the petitioners.

Mr. Shubham Kaushik, AAG, Punjab.

Mr.Umesh Aggarwal, Advocate, For respondents No.2 and 3.

ARUN MONGA, J. (ORAL) The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') seeking quashing of FIR No.0227 dated 09.12.2019 under Sections 120-B, 420, 406 (Sections 120-B and 406 IPC added later on) of Indian Penal Code, 1860 (for short 'IPC') registered at Police Station Division B, District Amritsar (Annexure P-1) and subsequent proceedings thereto, on the basis of compromise dated 09.11.2022 (Annexure P-2), which is stated to have been entered into between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 02.06.2023 had directed the parties to appear before the Illaqa Magistrate/ trial Court for recording their statements in support of the compromise. A veracity report was also called for.

3.

Placed on record is a report dated 03.07.2023 of learned Judicial Magistrate Ist Class, Amritsar and a perusal of the same would reveal that the statements of the complainant/respondents No.2 and 3 as also of the accused/present petitioners herein have been duly recorded and it has been opined that a compromise has been arrived and is authentic, genuine, voluntarily and out of free will of the parties. The report is accompanied by the statements of the parties which were duly recorded.

SHALINI BHATIA 2023.09.11 18:55 I attest to the accuracy and integrity of this order/ judgment

CRM-M-56798-2022 2023:PHHC:118009 5.

Learned counsel appearing on behalf of respondents No.2 and 3 also makes a statement that the compromise having been effected with the petitioners, he would have no objection to the quashing of FIR in question. 6.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1 and a Full Bench decision of this Court in Kulwinder Singh and others v. State of Punjab and others2.

7.

Adverting back to the facts of present case, it is apparent that the complainant/respondents No.2 and 3 and accused/petitioners are known to each other and compromise has been arrived at between the parties voluntarily and without any coercion.

8.

In the considered view of this Court, it would be an appropriate case for exercise of power under Section 482 Cr.P.C. and to buy peace and to bring to an end the criminal proceedings initiated in the light of the impugned FIR. 9.

For the reasons recorded above, the present petition is allowed. FIR No.0227 dated 09.12.2019 under Sections 120-B, 420, 406 (Sections 120-B and 406 IPC added later on) of Indian Penal Code, 1860 (for short 'IPC') registered at Police Station Division B, District Amritsar and all proceedings emanating therefrom qua the petitioners stand quashed.

10.

Pending application(s), if any, shall also stand disposed of. SEPTEMBER 06, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1 Criminal Appeal No.1489 of 2012 2 2007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.09.11 18:55 I attest to the accuracy and integrity of this order/ judgment