Allowed

Gurpreet Singh and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC9 Jul 2012CRM-M/11972/2012

Case brief

AI extract

What is this about?

This High Court quashed an FIR registered under multiple IPC sections involving cheating and related offenses. Relying on a prior Full Bench decision, the Court allowed the petition to quash the FIR and subsequent proceedings based on a voluntary compromise executed by the parties.

What did the court decide?

FIR No.48 dated 20.5.2011 and all consequential proceedings arising therefrom are quashed qua the petitioners.

Gurpreet Singh and Anr. Vs State of… — Public Procurement and Tenders | Punjab & Haryana HC (2012)

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CRM No.M 11972 of 2012 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M 11972 of 2012 Date of decision: 9.7.2012

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Gurpreet Singh and another

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...Petitioners

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Versus

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State of Punjab and others

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...Respondents

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CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Sahil Abhi, Advocate for the petitioner

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Mr.Mehardeep Singh, DAG, Punjab

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Jitendra Chauhan, J. (Oral)

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The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the FIR No.48 dated 20.5.2011 (Annexure P-1), registered under Sections 386, 323, 324, 506, 120-B, 34 of the Indian Penal Code, at Police Station Dehlon, District Ludhiana City and subsequent proceedings arising therefrom, on the basis of the compromise Annexure P-2, reached between the parties.

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Heard.

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In pursuance of the order dated 26.4.2012, passed by this Court, the learned Judicial Magistrate, 1^st Class, Ludhiana has sent his report alongwith the statements of parties. In his statement, the complainant Inderjit Kaur has stated that she has voluntarily entered into a compromise Annexure P-2 without any fear or pressured and as such has got no objection if FIR in question and consequent proceedings may be quashed. A

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CRM No.M 11972 of 2012 2

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compromise deed Annexure P2 has been executed between the parties. The complainant Inderjeet Kaur has also sworn an affidavit dated 7.4.2012 (Annexure P-3), wherein she has also stated that she has no objection if the FIR in question is quashed as the matter has been amicably settled.

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Both the parties were present in person. They have stated that the matter has been amicably settled and now they are residing together happily.

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Learned counsel for respondent No.2-complainant has also conceded the fact of compromise.

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In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, the Court is competent to quash the proceedings on the basis of compromise. Accordingly, this petition is allowed and FIR No.48 dated 20.5.2011 (Annexure P-1), registered under Sections 386, 323, 324, 506, 120-B, 34 of the Indian Penal Code, at Police Station Dehlon, District Ludhiana City and all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

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(JITENDRA CHAUHAN) JUDGE

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9.7.2012 gsv

Gurpreet Singh and Anr. v. State of Punjab and Ors.

Case brief

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Gurpreet Singh and Anr. v. State of Punjab and Ors.

Case brief

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