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2024 Supreme(Online)(P&H) 8419

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASWINDER SINGH – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.02.2025 JASWINDER SINGH ...PETITIONER Versus STATE OF PUNJAB AND ANOTHER ... RESPONDENTS CORAM : HON'BLE MR. JUSTICE N. S. SHEKHAWAT Present: Mr. Onkar Rai, Advocate for the petitioner.

Mr. Deepinder Singh Brar, Sr. DAG, Punjab.

Mr. B.S. Thakur, Advocate for respondent No.2.

N. S. SHEKHAWAT , J. (Oral)

1. The instant petition has been filed under Section 482 Cr.P.C. for quashing of an FIR No.0067 dated 20.05.2023 under Sections 380, 447, 427, 34, 506 & 120-B of IPC (offence under Sections 420, 465, 467, 468, 471 of IPC were added later on) registered at Police Station Sarabha Nagar, District Ludhiana therefrom on the basis of compromise/affidavit dated 20.07.2024 (Annexure P-2).

2. Vide order dated 22.08.2024, while issuing notice of motion, a co-ordinate Bench of this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 20.07.2024 (Annexure P-2).

3. Pursuant to aforesaid order, the parties have appeared before the learned Judicial Magistrate 1st Class, Ludhiana and got their statements recorded. Report dated 24.09.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

4. I have heard counsel for the parties and gone through the case file.

5. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner.

6. Resultantly, FIR No.0067 dated 20.05.2023 under Sections 380, 447, 427, 34, 506 & 120-B of IPC (offence under Sections 420, 465, 467, 468, 471 of IPC were added later on) registered at Police Station Sarabha Nagar, District Ludhiana therefrom are hereby quashed qua the petitioner.

04.02.2025 (N. S. SHEKHAWAT)

vipin JUDGE

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