High Court of Punjab and HaryanaCRM-M/4236/2021allowed

Sumit Mittal @ Sumit Kumar Mittal @ Sonu And ANR v. State Of Punjab And ANR

2021-09-10Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-4236 of 2021 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-4236 of 2021 (O&M) Date of Decision: 10.09.2021 Sumit Mittal @ Sumit Kumar Mittal @ Sonu and Anr. ......Petitioners

Versus

State of Punjab & Anr.

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

Present:

Mr. Madhur Sharma, Advocate for the petitioner. HARINDER SINGH SIDHU, J Crl.M.No.28337 of 2021 Prayer is for preponing the date of hearing.

Notice of the application.

Sh. Sarabjit Singh, AAG, Punjab accepts notice on behalf of respondent-State of Punjab.

Heard.

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

Main case Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No. 0109 dated 23.08.2019 under Sections 407,420 IPC (Section 411 IPC was added later on) registered at P.S Amloh, District Fatehgarh Sahib 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 29.01.2021, the parties were directed to appear before the trial Court/Area Magistrate on 08.02.2021 for getting their MANOJ KUMAR 2021.09.13 09:46 I attest to the accuracy and integrity of this document

CRM-M-4236 of 2021 (O&M) #2# statements recorded with regard to the compromise. A report dated 16.02.2021 of learned JMIC, Amloh has been received. As per the report, the parties had appeared before the learned Magistrate 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.

FIR in this case was registered on 23.08.2019 whereas the parties entered into compromise more than ten months thereafter i.e on 25.06.2020. During this period, investigation has been completed by the State and challan presented.

In view thereof, the present petition is allowed subject to the petitioners depositing a sum of Rs.10,000/- with Shaheed Ajit Singh Police Welfare Fund. FIR No. 0109 dated 23.08.2019 under Sections 407,420 IPC (Section 411 IPC was added later on) registered at P.S Amloh, District Fatehgarh Sahib registered at Police Station Sadar Moga, District Moga along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners.

September 10, 2021 (Harinder Singh Sidhu) manoj Judge MANOJ KUMAR 2021.09.13 09:46 I attest to the accuracy and integrity of this document