Ramesh Kumar v. State Of Punjab And Another

CRM-M-3142 of 2021 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-3142 of 2021 (O&M) Date of Decision: 09.03.2022 Ramesh Kumar ......Petitioner

Versus

State of Punjab and Anr.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Raju Arora, Advocate for the petitioner.

Mr. R.S. Khaira, AAG, Punjab.

Mr. Pardeep Sharma, Advocate for respondent No.2. HARINDER SINGH SIDHU, J Crl.M.No.8136 of 2022 Prayer is for preponing the date of hearing.

Notice of the application.

Mr. R.S. Khaira, AAG Punjab and Sh. Pardeep Sharma, Advocate accepts notice on behalf of respondent-State of Haryana and respondent No.2 respectively.

For the reasons recorded in the application, which is supported by an affidavit, the same is allowed and the matter is taken on board today itself.

Main case Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.204 dated 20.07.2015 under Sections 120B,403,406 IPC registered at P.S Salem Tabri, Ludhiana, District Ludhiana and all other consequential proceedings arising out of the said FIR, as the MANOJ KUMAR 2022.03.11 17:58 I attest to the accuracy and integrity of this document

CRM-M-3142 of 2021 (O&M) #2# matter stands amicably settled in terms of compromise. Vide order dated 22.01.2021, the parties were directed to appear before the trial Court/Area Magistrate on 09.02.2021 for getting their statements recorded with regard to the compromise and the learned Magistrate was directed to send a report about the genuineness and veracity of the compromise.

A report dated 24.03.2021 of learned JMIC, Ludhiana has been received. As per the report, the parties had appeared before learned Magistrate and got recorded their statements regarding compromise. Learned Magistrate has stated that she is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

In view thereof, the present petition is allowed. FIR No.204 dated 20.07.2015 under Sections 120-B,403,406 IPC registered at P.S Salem Tabri, Ludhiana, District Ludhiana along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioner FIR in this matter was lodged on 20.07.2015 and a compromise was effected between the parties on 24.12.2020. During this period, investigation has been completed and challan has also been filed. In view thereof, the quashing of the FIR would be subject to the petitioner depositing a sum of Rs.10,000/- as costs with the Poor Patient Welfare Fund, PGIMER, Chandigarh.

March 09, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.03.11 17:58 I attest to the accuracy and integrity of this document