Shakti @ Shakti Vinayak v. State Of Punjab And ANR

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-8250-2020 (O&M) Date of Decision:-22.7.2022 Shakti @ Shakti Vinayak ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Parvesh Sachdeva, Advocate for the petitioner. Mr. Luvinder Sofat, AAG, Punjab.

Mr. Vikas Bishnoi, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.128 dated 20.12.2016, Police Station City Fazilka, District Fazilka, under Sections 420 and 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 26.2.2020, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Chief Judicial Magistrate, Fazilka has been received, wherein it has been reported that statements of petitioner/accused Shakti @ PANKAJ KAKKAR 2022.07.22 16:52 I attest to the authenticity and integrity of this document

( 2 ) CRM-M-8250-2020 (O&M) Shakti Vinayak and also of respondent No.2-Surinder Pal @ Surinder Pal Bhateja have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2-Surinder Pal @ Surinder Pal Bhateja in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Chief Judicial Magistrate, Fazilka has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.128 dated 20.12.2016, Police Station City Fazilka, District Fazilka, under Sections 420 and 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 22.7.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.07.22 16:52 I attest to the authenticity and integrity of this document