Maninder Jeet Singh Chahal @ Mithu Chahal v. State Of Punjab And Another
CRM-M-5123-2023 -12024:PHHC:027793
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-5123-2023 Date of decision: 27.02.2024 Maninder Jeet Singh Chahal @ Mithu Chahal
...Petitioner
VERSUS
State of Punjab and another
...Respondents
CORAM:
HON'BLE MR. JUSTICE N. S. SHEKHAWAT
Present:
Mr. Pankaj Garg, Advocate for the petitioner.
Ms. Amrita Garg, AAG, Punjab.
Mr. Chahat Goyal, Advocate for respondent No.2.
**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 116 dated 20.09.2018 registered under Sections 379-B, 201, 34 and 411 (added later on) of IPC at Police Station Jhunir, District Mansa (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 24.01.2023 (Annexure P-2).
Vide order dated 15.02.2024 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 24.01.2023 (Annexure P-2).
Pursuant to aforesaid order, the parties have appeared before the learned District and Sessions Judge, Mansa and got their statements recorded. Report dated 22.02.2024 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. I have heard counsel for the parties and gone through the case file. MAMTA 2024.02.29 10:30 I attest to the accuracy and integrity of this order/judgment
CRM-M-5123-2023 -22024:PHHC:027793 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.
Resultantly, FIR No. 116 dated 20.09.2018 registered under Sections 379-B, 201, 34 and 411 (added later on) of IPC at Police Station Jhunir, District Mansa (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner. (N. S. SHEKHAWAT) 27.02.2024 JUDGE M.Sikka Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No MAMTA 2024.02.29 10:30 I attest to the accuracy and integrity of this order/judgment