Punjab-Haryana High Court
Amrinder Singh @ Avinder Singh vs State Of Punjab And Others on 18 August, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
2023:PHHC:107447 CRM-M-18650-2023 -l- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 297 CRM-M-18650-2023 Date of decision:18.08.2023 AMRINDER SINGH @ AVINDER SINGH .-PETITIONER VS. THE STATE OF PUNJAB AND OTHERS ..RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Madan Sandhu, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab. Mr. Kulwinder Bhargav, Advocate for Mr. A.P. Singh, Advocate for respondents No.2 and 3. 36 ko SUVIR SEHGAL J. (ORAL)
1. Instant petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No.28 dated 13.05.2019 under Section 420 of IPC, 1860, and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, registered at Police Station City Banga, District SBS Nagar, Annexure P-1, alongwith all subsequent proceedings arising therefrom, on the basis of compromise dated 26.10.2022/03.04.2023, Annexure P-2, arrived at between the parties.
2. Pursuant to order dated 17.04.2023 passed by this Court, report has been received from the Trial Court, relevant extract of which is as under:-
"From the statements made by the parties, this court is satisfied that the complainants/respondents no.2 & 3 namely Davinder Singh and Mukhtiar Singh have entered into SHEETAL compromise with the aforementioned 2023.08.18 17:52 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:107447 CRM-M-18650-2023 -2- accused/petitioner namely Amrinder Singh @ Avinder Singh, voluntarily, without any inducement, coercion or pressure etc."
3. It has been further submitted that the petitioner is not involved in any other criminal case nor he has been declared as a Proclaimed Person/Offender.
4. Counsel representing respondents No.2 and 3 do not have any objection in case the compromise is given effect to.
5. Heard counsel for the parties.
6. Dispute has been amicably resolved amongst the parties with the intervention of the respectables by virtue of compromise, Annexure P-2.
7. Keeping in view the above, report of the trial court as well as judgments of the Supreme Court in Narinder Singh Versus State of Punjab (2014) 6 SCC 466 and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Versus State of Gujarat and another (2017) 9 SCC 641, this Court has no hesitation in quashing the FIR.
8. Accordingly, petition is allowed. FIR No.28 dated 13.05.2019 under Section 420 of IPC, 1860, and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, registered at Police Station City Banga, District SBS Nagar, Annexure P-1, and all subsequent proceedings arising therefrom, are quashed qua the petitioner.
18.08.2023 (SUVIR SEHGAL) sheetal JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SHEETAL 2023.08.18 17:52 | attest to the accuracy and integrity of this document Chandigarh