Punjab-Haryana High Court
Gulbahar Singh And Ors vs State Of Punjab And Anr on 29 September, 2017
CRM-M-26480-2017 -1-
268
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-26480-2017
Date of Decision: 29.09.2017
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Gulbahar Singh and others
..... Petitioners
Versus
State of Punjab and another
..... Respondents
CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present: Mr. Kulwinder Singh, Advocate for
Mr. P.S. Bal, Advocate,
for the petitioners.
Mr. Madan Sandhu, Advocate,
for respondent No.2-complainant.
SUDIP AHLUWALIA J. (ORAL)
In this petition, the petitioners, who are the accused persons in F.I.R No.72, dated 13.05.2014, under Sections 419, 420, 467, 471 & 120-B of the Indian Penal Code (in short 'IPC'), registered at Police Station Sadar Khanna, District Ludhiana (Annexure P-1), have prayed for quashing of F.I.R. with all subsequent proceedings pending in the Court of Ld. Judicial Magistrate First Class, Khanna, on the basis of compromise. [2]. During pendency of petition, the complainant has arrived at a settlement with the accused vide Compromise Deed (Annexure P-2), which is duly signed by her. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate First Class, Khanna, vide report dated 14.09.2017, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.
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[4]. In view of the report of the Judicial Magistrate First Class, Khanna, and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has herself compromised the dispute with the petitioners/accused persons. [5]. In the circumstances, the present petition is allowed. F.I.R No.72, dated 13.05.2014, under Sections 419, 420, 467, 471 & 120-B of the IPC, registered at Police Station Sadar Khanna, District Ludhiana (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the present petitioners.
29.09.2017 (SUDIP AHLUWALIA)
Bhumika JUDGE
1. Whether speaking/reasoned: Yes
2. Whether reportable: No
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