Dinesh Kumar v. State Of Punjab And Another
CRM-M-4109-2020 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-4109-2020 Date of Decision: 15.03.2023 Dinesh Kumar ..........................................Petitioner
Versus
State of Punjab and another ...................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...
Present:
Mr. Mohit Garg, Advocate for the petitioner.
Mr. Sanish Girdhar, AAG, Punjab.
Mr. Harsh Goyal, Advocate for respondent No.2.
...
MANJARI NEHRU KAUL, J. (Oral) Instant petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 392 dated 28.10.2017 under Sections 420/177/120-B IPC registered at Police Station Focal Point, Ludhiana (Annexure P1) along with all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 27.01.2020 (Annexure P3) effected between the parties.
Vide order dated 17.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 15.02.2023 to get their statements recorded regarding the compromise arrived at, between them.
Report has since been received from learned Judicial RUPINDER KAUR 2023.03.16 16:12 I attest to the accuracy and integrity of this document
CRM-M-4109-2020 [ 2 ] Magistrate, 1st Class, Ludhiana, in pursuance of the direction of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report, compromise has indeed been effected between the parties and the same is genuine, voluntary and without any pressure or coercion. The complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioner is quashed.
The trial Court has annexed the statements of the parties in original, alongwith its report.
Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.
In view of the report of the learned Judicial Magistrate, 1st Class, Ludhiana, and the principles laid down by the Apex Court in 'Gian Singh Vs. State of Punjab and others' (2012) 10 SCC 303, and also by the Full Bench of this Court in 'Kulwinder Singh and others v. State of Punjab and another' 2007 (3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. ( MANJARI NEHRU KAUL) 15.03.2023 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:
Yes / No RUPINDER KAUR 2023.03.16 16:12 I attest to the accuracy and integrity of this document