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2025 DAILYLAW 69880 (PNJ)

GURWINDER SINGH ALIAS RAJU AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/35778/2024 · 2025-04-21

Harpreet Singh Brar

body2025

Judgment text

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302 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35778-2024 Date of decision: 21.04.2025 Gurwinder Singh alias Raju and others ....Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. R.K. Girdhar, Advocate for the petitioners. Mr. Rishabh Singla, AAG, Punjab. Ms. Kirandeep Kaur, Advocate for respondents No.2 & 3. HARPREET SINGH BRAR, J. (ORAL) 1. This petition has been filed under Section 482 of Cr.P.C. seeking quashing of FIR No.23 dated 28.03.2024 under Sections 420/120-B of IPC registered at Police Station Sherpur, District Sangrur (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 09.07.2024 (Annexure P-2). 2. On 19.02.2025, the following order was passed:- “Ms. Kirandeep Kaur, Advocate has put in appearance on behalf of respondents No. 2 and 3 and filed her power of attorney. Same is taken on record. Learned counsel for respondents No. 2 and 3 admits the factum of compromise. Service is complete. Adjourned to 20.03.2025. In the meantime, parties are directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks or any other date convenient to the trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of the compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 20.03.2025. A copy of this order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 3. On 20.03.2025, the following order was passed:- Neha 2025.04.23 10:30 I attest to the accuracy and integrity of this document CRM-M-35778-2024 -2- “Learned counsel for the petitioners submits that in compliance of order dated 19.02.2025, the parties could not appear before the learned Illaqa Magistrate/trial Court for getting their statements recorded in support of the compromise, due to some unavoidable circumstances. The report dated 19.03.2025 has been received from the concerned Jurisdictional Magistrate in this regard. Learned counsel for the petitioners seeks one more opportunity to comply with the order dated 19.02.2025. In the interest of justice, parties are again directed to appear before the learned trial Court/Illaqa Magistrate within a period of two weeks or any other date convenient to the trial Court/Illaqa Magistrate to get their statements recorded in the same terms as mentioned in the order dated 19.02.2025 subject to payment of cost of Rs. 5,000/- to be deposited in PGIMER Poor Patient Welfare Fund, Chandigarh. The receipt of payment of costs imposed must be presented before learned jurisdictional/Illaqa Magistrate. The learned Court below is directed to record statements of the parties only upon verification of payment of said costs. Report of learned Illaqa Magistrate/trial Court be awaited for 21.04.2025. A photocopy of this order be sent to learned Illaqa Magistrate/trial Court through fax for compliance.” 4. In compliance of the aforesaid 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. 5. In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 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.23 dated 28.03.2024 under Sections 420/120-B of IPC registered at Police Station Sherpur, District Sangrur (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 21.04.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.04.23 10:30 I attest to the accuracy and integrity of this document