High Court of Punjab and HaryanaCRM-M/3855/2022allowed

Davinder Kumar Prashar v. State Of Punjab And Others

2022-07-06Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-3855 of 2022 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-3855 of 2022 (O&M) Date of Decision: 06.07.2022 Davinder Kumar Prashar ......Petitioner

Versus

State of Punjab and Anr.

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

Present:

Mr. Lakhvir Kumar, Advocate for Mr. M.S. Rana, Advocate for the petitioner.

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

Mr. Abhinandan Jindal, Advocate for Mr. P.S. Bal, Advocate for respondent No.2.

HARINDER SINGH SIDHU, J Crl.M.No.19851 of 2022 Prayer is for preponing the date of hearing.

Notice of the application.

Mr. R.S. Khaira, AAG, Punjab and Mr. Abhinandan Jindal, Advocate accept notice for respondent No.1-State of Punjab 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.146 dated 19.08.2017 under Sections 406,420,120B IPC registered at P.S Mehatpur, District Jalandhar and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise deed. Vide order dated 10.02.2022, the parties were directed to MANOJ KUMAR 2022.07.11 14:03 I attest to the accuracy and integrity of this document

CRM-M-3855 of 2022 (O&M) #2# appear before the trial Court/Illaqa Magistrate on 30.03.2022 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 01.04.2022 of learned JMIC, Nakodar has been received. As per the report, the parties had appeared before learned JMIC Nakodar and got recorded their statements regarding compromise. Learned Magistrate has stated that he 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, present petition is allowed. FIR No.146 dated 19.08.2017 under Sections 406,420,120-B IPC registered at P.S Mehatpur, District Jalandhar along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioner.

FIR in this case was lodged in 2017. Compromise has been arrived at between the parties on 28.10.2021. During this period, investigation has been concluded and the trial has commenced. Thus, this order shall be subject to the petitioner depositing a sum of Rs.25,000/- with the Director, PGI, Chandigarh Poor Patients' Welfare Fund. July 06, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.07.11 14:03 I attest to the accuracy and integrity of this document