Harjinder Singh @ Harjinder Kumar vs State Of Punjab And Another on 19 February, 2024

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Punjab-Haryana High Court

Harjinder Singh @ Harjinder Kumar vs State Of Punjab And Another on 19 February, 2024

                                                         Neutral Citation No:=2024:PHHC:022927




                                                       2024:PHHC:022927
CRM-M-48458-2023                                                       1

271      IN THE HIGH COURT OF PUNJAB AND HARYANA
                       CHANDIGARH
                                 CRM-M-48458-2023 (O&M)
                                 Date of Decision: 19.02.2024
HARJINDER SINGH @ HARJINDER KUMAR
                                                                 ...Petitioner
                                 V/S

STATE OF PUNJAB AND ANOTHER
                                                                ...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: None for the parties.

                   ****

1. In view of the resolution passed by Punjab and Haryana High

Court Bar Association, there is no representation on behalf of the parties,

however, a perusal of the pleadings would indicate that the present petition

has been filed under Section 482 of the Code of Criminal Procedure seeking

quashing of FIR No. 62 dated 28.04.2022 registered under Section 420 of

Indian Penal Code and Section 24 of Emigration Act 1983 at Police Station

Jodhewal, District Ludhiana and all subsequent proceedings arising

therefrom in view of the compromise dated 23.05.2023 (Annexure P-2).

2. The following order was passed on 25.09.2023:

“This is a petition under Section 482 Cr.P.C. for
quashing of case FIR No.62 dated 28.04.2022, under Section
420 IPC and Section 24 of Emigration Act, 1983, registered
at Police Station Jodhewal, District Ludhiana and all other
subsequent proceedings arising therefrom, on the basis of
compromise.

Learned counsel for the petitioner submits that
the parties have entered into a compromise, which has been
reduced into writing and the same is appended alongwith the
instant petition as Annexure P-2.

Notice of motion.

Mr. Ravinder Singh, AAG, Punjab, puts in
appearance on behalf of respondent No.1-State and waives

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2024:PHHC:022927
CRM-M-48458-2023 2
service.

Mr. Vishnu Dutt, Advocate, puts in appearance
on behalf of respondent No.2, and has filed his Power of
Attorney, which is taken on record. He acknowledges that
the matter has been compromised between the parties and
the complainant party does not wish to pursue the FIR in
question.

In view of the above, both the parties are directed
to appear before the concerned trial Court/Illaqa
Magistrate/Duty Magistrate for recording their statements
on 10.10.2023 or any other date convenient to the concerned
Court. The statement of Investigating Officer be also
recorded on the same day, who would also identify the
parties appearing before the Court. The original
compromise shall be produced before the Court at the time
of recording statement of the parties.

The concerned Court is directed to submit a
report on or before the next date of hearing, containing the
following information:-

1. Number of persons arrayed as accused.

2. Whether any accused is proclaimed person?

3. Whether all the accused/petitioner(s) is/are appearing
before the Court?

4. Whether the compromise is genuine, voluntary and
without any coercion or undue influence?

5. Whether the accused/petitioner(s) is/are involved in any
other FIR or not?

6. The trial Court/Duty Magistrate is also directed to record
the statement of the Investigating Officer as to how many
victims/complainants are there in the FIR.

The State to file status report before the next date.
List on 13.12.2023.”

3. In compliance of the above order, a report has been received from

the concerned jurisdictional Court that the compromise between the parties

is genuine and arrived at without any pressure or coercion from anyone.

4. In view of the compromise and the ratio of law laid down by the

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CRM-M-48458-2023 3
Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab

and another, (2014) 6 SCC 466, Ramgopal and another Vs. State of

Madhya Pradesh 2021 SCC OnLine SC 834 and Shakuntala Sawhney

(Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench

of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR

(Crl.) 1052, this petition is allowed and FIR No. 62 dated 28.04.2022

registered under Section 420 of Indian Penal Code and Section 24 of

Emigration Act 1983 at Police Station Jodhewal, District Ludhiana and all

subsequent proceedings arising out of the same are quashed, qua the

petitioner.




                                                (HARPREET SINGH BRAR)
19.02.2024                                              JUDGE
Ajay Goswami

                   Whether speaking/reasoned        Yes/No
                   Whether reportable               Yes/No




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