Aniket Singh Alias Harman v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-10058-2024 (O&M) Date of Decision:-22.8.2024 Aniket Singh @ Harman ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kanhiya Soni, Advocate for the petitioner. Mr. Inderjeet Singh Ladher, DAG, Punjab.

Mr. Vishal Singh Borwal, Advocate for Mr. Pradeep Bhukal, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks quashing of FIR No.0203, dated 13.6.2021 registered at Police Station Civil Lines, District Patiala, under Section 379-B of Indian Penal Code, wherein offences under Sections 489, 411, 34 of Indian Penal Code were added later on, as well as for setting aside of judgment of conviction and order of sentence dated 03.01.2024 (Annexure P-2) passed by the Principal Magistrate, Juvenile Justice Board, Patiala, whereby the petitioner has been convicted and sentenced to be detained in Special Home for a period of one year for an offence under Section 379-B IPC and to be detained in Special Home for a period of six months for an offence under Section 411 IPC, on the basis of a compromise having been effected between the parties.

2.

Vide order dated 26.2.2024, the parties had been directed to appear before the Appellate Court, where the appeal is pending, so as to get their statements recorded qua the factum of compromise. Pankaj Kakkar 2024.08.22 16:46 I attest to the accuracy and authenticity of this document

CRM-M-10058-2024 (O&M) ( 2 ) 3.

Report of learned Additional Sessions Judge, Patiala has been received, wherein it has been reported that statement of petitioner/accused Aniket Singh @ Harman and also of respondent No.2 namely Rajwinder Kaur have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2 namely Rajwinder Kaur in her statement has stated that she has no objection in case the FIR in question is quashed. 5.

Learned Additional Sessions Judge, Patiala has specifically opined that the parties have entered into compromise voluntarily and without any 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.0203, dated 13.6.2021 registered at Police Station Civil Lines, District Patiala, under Section 379-B of Indian Penal Code, wherein offences under Sections 489, 411, 34 of Indian Penal Code were added later on and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner and judgment of conviction dated 03.01.2024 passed by learned Principal Magistrate, Juvenile Justice Board, Patiala is set aside and the petitioner is acquitted of the charges framed against him. 22.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.08.22 16:46 I attest to the accuracy and authenticity of this document