Rajveer Singh v. The State Of Punjab And Another

CRM-M-7702-2024 -12024:PHHC:114826

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7702-2024 Date of decision: 03.09.2024 RAJVEER SINGH

...Petitioner

VERSUS

THE STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Ms.Malkit Kaur, Advocate for the petitioner.

Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr. Salman Ahmed, Advocate for respondent No.2-complainant.

**** N. S. SHEKHAWAT, J. (Oral) 1.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of an FIR No. 128 dated 07.11.2023 under Sections 379-B, 392, 506 and 34 IPC and Section 25 of Arms Act, 1959 registered at Police Station Phase-11, Mohali, SAS Nagar (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of affidavit/compromise dated 02.01.2024 (Annexure P-2). 2.

Vide order dated 14.02.2024 while issuing notice of motion, by a Co-ordinate Bench of
this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the affidavit/compromise dated 02.01.2024 (Annexure P-2). 3.

Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, SAS Nagar (Mohali) and got their statements recorded. Report dated 13.03.2024 has been received whereby after recording SIMRANDEEP KAUR 2024.09.04 17:28 I attest to the accuracy and integrity of this order/judgment.

CRM-M-7702-2024 -22024:PHHC:114826 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. 4.

I have heard counsel for the parties and gone through the case file. 5.

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.

6.

Resultantly, FIR No. 128 dated 07.11.2023 under Sections 379-B, 392, 506 and 34 IPC and Section 25 of Arms Act, 1959 registered at Police Station Phase-11, Mohali, SAS Nagar (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner.

(N. S. SHEKHAWAT) 03.09.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.09.04 17:28 I attest to the accuracy and integrity of this order/judgment.