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Sukhdeep Singh @ Deepa and Others Vs. State of Punjab and Another

Sukhdeep Singh @ Deepa and Others vs State of Punjab and Another

Type Court Judgment Court Punjab and Haryana Decided Apr 25, 2013
~2 min read
https://sooperkanoon.com/case/1055913

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Citation
Court
Punjab and Haryana High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Sukhdeep Singh @ Deepa and Others

Respondent

State of Punjab and Another

Excerpt

.....hon'ble mr.justice ram chand gupta present: ms.sukhpreet kaur, advocate for the petitioner (s).mr.deepak garg, a.a.g., punjab. none for respondent no.2. ******* ram chand gupta, j.(oral) the present petition has been filed under section 482 of the code of criminal procedure for quashing of fir no.40 dated 30.03.2010 (annexure p-1) under sections 420 and 406 of indian penal code, registered at police station dhaka, district ludhiana, and all other consequential proceedings arising therefrom on the basis of compromise dated 12.12.2012 (annexure p-2).having been entered between the parties. i have heard learned counsel for the parties and have gone through the record. it has been stated by learned counsel for the petitioners that crm m-1856 of 2013 -2- dispute between the parties has since been settled due to intervention of respectable persons and relatives from both the sides. both the parties were directed to appear before learned illaqa magistrate for getting their statements recorded. report has been received from learned illaqa magistrate to the effect that compromise was voluntary one and without any pressure. in appropriate cases fir can be quashed on the basis of compromise by exercising power under section 482 cr.p.c., even if the offences are not compoundable. it was so held by full bench of this court in the case of kulwinder singh v. state of punjab, 2007(3) rcr (crl.) 1052. hence, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned fir no.40 dated 30.03.2010 (annexure p-1) under sections 420 and 406 of indian penal code, registered at police station dhaka, district ludhiana, alongwith all consequential proceedings qua petitioners sukhdeep singh @ deepa, harjant rai @ harjantt rai, madan lal, bahadar chand, balwant rai and sanjeev kumar is, hereby, quashed. ( ram chand gupta ) april 25, 2013. judge sachin m.

Full Judgment

CRM M-1856 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.

Misc.

not M-1856 of 2013 (O&M) Date of Decision: April 25, 2013.

Sukhdeep Singh @ Deepa and others .......PETITIONER(s).VERSUS State of Punjab and another .....RESPONDENT(s).CORAM:- HON'BLE Mr.JUSTICE RAM CHAND GUPTA Present: Ms.Sukhpreet Kaur, Advocate for the petitioner (s).Mr.Deepak Garg, A.A.G., Punjab.

None for respondent No.2.

******* RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.40 dated 30.03.2010 (Annexure P-1) under Sections 420 and 406 of Indian Penal Code, registered at Police Station Dhaka, District Ludhiana, and all other consequential proceedings arising therefrom on the basis of compromise dated 12.12.2012 (Annexure P-2).having been entered between the parties.

I have heard learned counsel for the parties and have gone through the record.

It has been stated by learned counsel for the petitioners that CRM M-1856 of 2013 -2- dispute between the parties has since been settled due to intervention of respectable persons and relatives from both the sides.

Both the parties were directed to appear before learned Illaqa Magistrate for getting their statements recorded.

Report has been received from learned Illaqa Magistrate to the effect that compromise was voluntary one and without any pressure.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable.

It was so held by Full Bench of this Court in the case of Kulwinder Singh v.

State of Punjab, 2007(3) RCR (Crl.) 1052.

Hence, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No.40 dated 30.03.2010 (Annexure P-1) under Sections 420 and 406 of Indian Penal Code, registered at Police Station Dhaka, District Ludhiana, alongwith all consequential proceedings qua petitioners Sukhdeep Singh @ Deepa, Harjant Rai @ Harjantt Rai, Madan Lal, Bahadar Chand, Balwant Rai and Sanjeev Kumar is, hereby, quashed.

( RAM CHAND GUPTA ) April 25, 2013.

JUDGE Sachin M.

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