Jatinder Kumar And Another v. State Of Punjab And Another

CRM-M-4672-2023 2023:PHHC:086324

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-4672-2023 (O&M) DATE OF DECISION : 06.07.2023 Jitender Kumar and another

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Rajeev Sharma, Advocate, For the petitioners.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Vishal Singh Chauhan, Advocate, For respondent No.2.

ARUN MONGA, J. (ORAL) Petitioners seek quashing of FIR No.0185 dated 22.09.2022 (Annexure P-1) registered under Sections 406, 420 IPC, at Police Station Dakha, District Ludhiana Rural, on the basis of compromise dated 23.12.2022 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 30.01.2023 had directed the parties to appear before the Area Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 04.05.2023 of learned Judicial Magistrate Ist Class, Ludhiana, 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 SHALINI BHATIA 2023.07.12 17:53 I attest to the accuracy and integrity of this order/ judgment

CRM-M-4672-2023 2023:PHHC:086324 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/petitioners have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel for complainant/respondent No.2 states that he 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 Pradesh1 and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 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.0185 dated 22.09.2022 (Annexure P-1) registered under Sections 406, 420 IPC, at Police Station Dakha, District Ludhiana Rural, and all proceedings emanating there from qua the petitioners stand quashed.

8.

Pending application(s), if any, shall also stand disposed of. JULY 06, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.07.12 17:53 I attest to the accuracy and integrity of this order/ judgment