Allowed

Paramjit Kaur and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC14 Sept 2023CRM-M/8266/2023

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition seeking quashing of an FIR registered under Sections 406 and 420 of the IPC. The court relied on a veracity report from a Magistrate confirming a voluntary compromise and exercised powers under Section 482 Cr.P.C. to end criminal proceedings.

What did the court decide?

FIR No.142 dated 01.12.2017 and all subsequent proceedings qua the petitioners were quashed; pending applications disposed of.

Paramjit Kaur and Ors. Vs State of Punjab and Anr. — Cheque Dishonour | Punjab & Haryana HC (2023)

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CRM-M-8266-2023 (O&M)

2023:PHHC:121304

258

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-8266-2023 (O&M) Date of decision: 14.09.2023

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Paramjit Kaur and others …Petitioners

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State of Punjab and another …Respondents

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CORAM: HON’BLE MR. JUSTICE ARUN MONGA

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Present: - Mr.Amandeep Saini, Advocate, for the petitioners.

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Mr.Narinder Saini, Advocate for Mr. Kulbir Singh Saini, Advocate, for respondent no.2.

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ARUN MONGA, J. (ORAL)

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Petitioners seek quashing of FIR No.142 dated 01.12.2017 (Annexure P-1) registered under Sections 406 and 420 of the IPC, at Police Station Sadar Nawanshahr, District SBS Nagar, and all subsequent proceedings arising therefrom, on the basis of compromise dated 07.01.2023 (Annexures P-2).

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Since quashing was sought on the basis of compromise, a co-ordinate Bench of this Court vide orders dated 17.02.2023 and 01.06.2023 had directed the private parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for.

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Report dated 12.09.2023 of learned Judicial Magistrate Ist Class, Shaheed Bhagat Singh Nagar, had been received. Report reveals that statements of complainant party i.e. respondent no.2 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent no.2 and accused/petitioners have arrived at a compromise voluntarily and without any coercion.

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DHARAM VIR 2023.09.16 16:08 I attest to the accuracy and authenticity of this order/judgement.

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Page 1 of 2

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CRM-M-8266-2023 (O&M)

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2023:PHHC:121304 2

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Learned counsel for complainant/respondent no.2 states that he would have no objection to the quashing of FIR in question.

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This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled “ Ramgopal and anr. V. The State of Madhya Pradesh”¹ and a Full Bench decision of this Court in “ Kulwinder Singh and others V. State of Punjab and others”² .

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In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

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Petition is thus allowed. FIR No.142 dated 01.12.2017 (Annexure P-1) registered under Sections 406 and 420 of the IPC, at Police Station Sadar Nawanshahr, District SBS Nagar, and all proceedings emanating there from qua the petitioners stand quashed.

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Pending application(s), if any, shall also stand disposed of.

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(ARUN MONGA) JUDGE

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14.09.2023 ‘D’Vir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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1Criminal Appeal No.1489 of 2012

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DHARAM VIR 2007 (3) RCR (Criminal) 1052 2023.09.16 16:08 2 I attest to the accuracy and authenticity of this order/judgement.

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Page 2 of 2

Paramjit Kaur and Ors. v. State of Punjab and Anr.

Case brief

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Paramjit Kaur and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

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