Sat Naryaan Sharma v. State Of Punjab And Another

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-9652-2019 (O&M) Date of Decision:- 28.11.2024 Sat Naryaan Sharma ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Suraksha Masih, Advocate for Mr. Sherry K. Singla, Advocate, for the petitioner. Mr. Japjot Singh, AAG, Punjab.

Mr. Mahipal S. Yadav, Advocate, for respondent No.2. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioner-Sat Narayan Sharma have approached this Court seeking quashing of FIR No.173, dated 30.8.2018, Police Station City Samana, District Patiala, under Sections 420, 465, 467, 468, 471 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 10.08.2023, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Sub Divisional Judicial Magistrate, Samana, has been received, wherein it has been reported that the statement of MOHAN SINGH 2024.11.29 17:15 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-9652-2019 (O&M) - 2 - petitioner/accused Sat Naryaan Sharma and complainant Subhash Chand have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant Subhash Chand in his statement had stated that he has no objection in case the FIR in question is quashed. 5.

The learned Sub Divisional Judicial Magistrate, Samana, 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.173, dated 30.8.2018, Police Station City Samana, District Patiala, under Sections 420, 465, 467, 468, 471 IPC, and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.

28.11.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.11.29 17:15 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh