Kapil Dev Kaushal v. State Of Punjab And Another

CRM-M-3090 of 2024 2024:PHHC:022046 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3090 of 2024 Date of Decision: 15.02.2024 Kapil Dev Kaushal

...Petitioner

Versus

State of Punjab and another ... Respondents CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present :

Mr. Harjinder Singh, Advocate, for the petitioner.

Mr. M.S. Bajwa, DAG, Punjab.

Mr. Paras Khindir, Advocate, for respondent No. 2. N.S.SHEKHAWAT , J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 126 dated 03.10.2023 under Sections 323, 324, 506 and 34 IPC (Section 326 of IPC added later on) registered at Police Station Division No. 2, Jalandhar District Police Commissionerate, Jalandhar (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 12.10.2023 (Annexure P-2).

2.

Vide order dated 20.01.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 12.10.2023 (Annexure P-2). 3.

Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate 1st Class, Jalandhar and got their

CRM-M-3090 of 2024 2024:PHHC:022046 -2statements recorded. Report dated 03.02.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

4.

I have heard counsel for the parties and gone through the case file.

5.

In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner.

6.

Resultantly, FIR No. 126 dated 03.10.2023 under Sections 323, 324, 506 and 34 IPC (Section 326 of IPC added later on) registered at Police Station Division No. 2, Jalandhar District Police Commissionerate, Jalandhar (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner.

15.02.2024 (N.S.SHEKHAWAT) amit rana JUDGE Whether reasoned/speaking :

Yes/No Whether reportable : Yes/No