Abhishek Bhaker v. State Of Punjab And Another

CRM-M-2271-2020 (O&M) 2023:PHHC:109344

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-2271-2020 (O&M) Date of decision: 22.08.2023 Abhishek Bhaker

...Petitioner

VS State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Pardeep Solath, Advocate, for the petitioner.

Mr.Mohit Thakur, AAG, Punjab.

Ms.Sukhbir Kaur, Advocate, for respondent no.2.

***** ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.266 dated 18.07.2019 (Annexure P-1) registered under Sections 406, 420, 120-B of the IPC and Section 24 of the Immigration Act, 1983, at Police Station Zirakpur, District Mohali, and all subsequent proceedings arising therefrom, on the basis of compromise dated 06.01.2020 (Annexures P-2). 2.

Since quashing was sought on the basis of compromise, a co-ordinate Bench of this Court vide order dated 31.01.2020 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. 3.

Report dated 13.02.2020 of learned Judicial Magistrate Ist Class, Dera Bassi, had been received. Report reveals that statements of complainant party i.e. respondent no.2 as also of accused/present petitioner 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/petitioner have arrived at a compromise voluntarily and without any coercion.

DHARAM VIR 2023.08.23 12:55 I attest to the accuracy and authenticity of this order/judgement.

CRM-M-2271-2020 (O&M) 2023:PHHC:109344 4.

Learned counsel for complainant/respondent no.2 states that She would have no objection to the quashing of FIR in question. 5.

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 . 6.

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.

7.

Petition is thus allowed. FIR No.266 dated 18.07.2019 (Annexure P-1) registered under Sections 406, 420, 120-B of the IPC and Section 24 of the Immigration Act, 1983, at Police Station Zirakpur, District Mohali and all proceedings emanating there from qua the petitioner stand quashed.

8.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 22.08.2023 'D'Vir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1Criminal Appeal No.1489 of 2012 2007 (3) RCR (Criminal) 1052 DHARAM VIR 2023.08.23 12:55 I attest to the accuracy and authenticity of this order/judgement.