Lovepreet Dass And Others v. State Of Punjab And Others

CRM-M-55595-2023 -12023:PHHC:162548

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-55595-2023 Decided on : 18.12.2023 Lovepreet Dass and others ...... Petitioners

Versus

State of Punjab & others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. R.V.S.Chugh, Advocate for the petitioners.

Mr. Mohit Kapoor, Addl. AG, Punjab.

Mr. Ankur Pandey, Advocate for respondents No.2 and 3.

**** Manjari Nehru Kaul, J.

1.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.128 dated 24.07.2022 under Sections 406 and 34 IPC registered at Police Station Bhikhi, District Mansa and all the subsequent proceedings arising out of the same, on the basis of compromise dated 11.10.2023 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 08.11.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 30.11.2023 to get their statements recorded regarding the compromise arrived at, between them. 3.

Report dated 08.12.2023 has since been received from the learned JMIC, Mansa in pursuance of the direction of this Court. 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. The trial Court has annexed the original statements of the parties alongwith its report. SONIA BURA 2023.12.18 18:35 I attest to the accuracy and integrity of this document

CRM-M-55595-2023 -22023:PHHC:162548 4.

In the report, it has also been mentioned that there is another case FIR No.86 dated 15.06.2021 under Sections 420, 406 IPC registered at Police Station Bhikhi against petitioners No.1, 2 and 4 while FIR No.47 dated 16.03.2023 under Sections 465, 467, 468, 471 IPC at Police Station Bhikhi against petitioner No.3.

5.

However, learned counsel for the petitioners submits that in that case as well, the parties have amicably settled their dispute and petition under Section 482 for quashing of FIR has been filed, which is pending consideration before this Court.

6.

Learned State counsel also submits that there are no other accused other than the petitioner and respondents No.2 and 3 are the only aggrieved persons in the FIR in question.

7.

In view of the report of the learned JMIC, Mansa and the principles laid down by 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 the petitioners. 6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 18.12.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.12.18 18:35 I attest to the accuracy and integrity of this document