Rinky Babbar @ Rakesh Kumar And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-06.04.2022 RINKY BABBAR @ RAKESH KUMAR AND OTHERS ... Petitioners

Versus

STATE OF PUNJAB AND OTHERS ... Respondents *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Gaurav Partap Singh Pathania, Advocate for the petitioners.

Mr. M.S. Nagra, AAG, Punjab.

Mr. Sandeep Singh, Advocate for Mr. Atul Goyal, Advocate for the private respondent.

***** KARAMJIT SINGH , J. (Oral) Present petition is for quashing of FIR No.24 dated 21.01.2020 registered under Sections 323, 341, 379, 294, 506, 147, 149 IPC at Police Station Sadar, District Amritsar on the basis of compromise dated 22.12.2021 (Annexure P-2) along with other consequential proceedings arising thereto.

The above stated FIR was registered on the basis of statement of respondent No.2-Vishal Verma, in which, he stated that on 20.1.2020

altercation took place between the petitioners and respondents No.2 to 4 and during the fight petitioners caused injuries to the said respondents and petitioner No.3-Amit Babbar also took away Rado watch of respondent No.2.

On notice of motion, respondents No.2 to 4 appeared in the Court through their counsel and pleaded that they have no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

In compliance thereof, report from the Court of Additional Chief Judicial Magistrate, Amritsar along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. I have heard learned counsel for the parties Learned counsel for the parties are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

I am of the view that the aforesaid compromise is in the welfare and interest of the parties and will enable the parties to live in peace and

enjoy their life in a dignified manner. Also there is no legal impediment in translating their wishes into reality by putting an end to the criminal prosecution initiated on the basis of FIR in question. For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.24 dated 21.01.2020 registered under Sections 323, 341, 379, 294, 506, 147, 149 IPC at Police Station Sadar, District Amritsar on the basis of compromise dated 22.12.2021 (Annexure P-2) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

( KARAMJIT SINGH) 06.04.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No