Sachin v. State Of Punjab And Another

2023:PHHC:086943

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11962-2023 (O&M) DATE OF DECISION : 05.07.2023 Sachin

...Petitioner

Versus

State of Punjab and another

...Respondents.

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Rahul Garg, Advocate, For the petitioner.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Raman Kumar, Advocate, For respondent No.2.

ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.282 dated 08.12.2021 registered under Sections 475, 379, 511 IPC, at Police Station Model Town, District Hoshiarpur (Annexure P-1), on the basis of compromise dated 30.01.2023 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 12.04.2023 had directed the parties to appear before the Illaqua Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 31.05.2023 of learned Judicial Magistrate Ist Class, Hoshiarpur, had been received. Report reveals that statements of complainant party i.e. respondent No.2 as also of accused/present SHALINI BHATIA 2023.07.12 17:07 I attest to the accuracy and integrity of this order/ judgment

petitioner herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2 and accused/petitioner have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel appearing on behalf of complainant/ respondent No.2 states that he would have no objection to the quashing of FIR in question.

5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a Full Bench decision of this Court in Kulwinder Singh and others Vs. State of Punjab and others, 2007 (3) RCR (criminal) 1052. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.282 dated 08.12.2021 registered under Sections 475, 379, 511 IPC, at Police Station Model Town, District Hoshiarpur and all proceedings emanating there from qua the petitioners stand quashed.

8.

Pending application(s), if any, shall also stand disposed of. JULY 05, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2023.07.12 17:07 I attest to the accuracy and integrity of this order/ judgment