Nishan Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-53835-2024 Date of decision: May 26th, 2025 Nishan Singh .....Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Aditya Dassaur, Advocate for the petitioner.

Mr. Sahil Chaudhary, Assistant Advocate General, Punjab. Mr. Kuldeep Singh, Advocate for respondent No.2.

MANJARI NEHRU KAUL , J. (ORAL) Prayer in the instant petition is for quashing of FIR No.123 dated 10.09.2010 under Sections 419, 420, 465, 467, 468, 471, 474, 120-B of the IPC registered at Police Station Division No.2, Jalandhar, along with all consequential proceedings arising therefrom, including judgment of conviction dated 16.03.2018, on the basis of compromise dated 04.10.2024 (Annexure P-3).

2.

Vide order dated 28.01.2025 of this Court, the parties were directed to appear before the Appellate Court on 27.02.2025 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Additional Sessions Judge, Jalandhar, in pursuance of the direction of this Court, wherein the factum of the compromise arrived at between PUNEET SACHDEVA 2025.05.26 16:43 I attest to the accuracy and integrity of this document Chandigarh

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 a statement to the effect that he would have no objection if the FIR qua the petitioner is quashed.

4.

The learned Additional Sessions Judge, Jalandhar, has annexed the statements of the parties in original, along with his report. 5.

In view of the report of the learned Additional Sessions Judge, Jalandhar, and the principles laid down by the Apex Court in Criminal Appeal No.1393 of 2011 titled as 'Ramawtar Vs. State of Madhya Pradesh' decided on 25.10.2021 LL 2021 SC 589 and this Court in Sube Singh and another Vs. State of Haryana and another 2013(4) RCR (Criminal) 102, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising therefrom including judgment of conviction and order of sentence dated 16.03.2018 passed by leaned JMIC, Jalandhar, are quashed. 6.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. May 26th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.05.26 16:43 I attest to the accuracy and integrity of this document Chandigarh