Maninder Sharma v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-11244-2025 Date of decision: April 29th, 2025 Maninder Sharma .....Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ashish Gupta, Advocate for the petitioner.

Mr. Gautam Thapar, Assistant Advocate General, Punjab. Ms. Simranjeet Kaur, Advocate for Mr. Chandeep Singh, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of Kalandra registered vide DDR No.29 dated 25.10.2023 under Sections 182, 211 of the IPC and Section 66 of Police Act, at Police Station Anaj Mandi, Patiala, along with all consequential proceedings arising therefrom on the basis of compromise (Annexure P-2).

2.

Vide order dated 28.02.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 28.03.2025 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Patiala, in pursuance of the directions of PUNEET SACHDEVA 2025.04.29 16:51 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-11244-2025 -2this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the Kalandra qua the accused-petitioner is quashed. 4.

The trial Court has annexed the statements of the parties in original, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the Kalandra in question. 6.

In view of the report of the learned Judicial Magistrate Ist Class, Patiala, and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid Kalandra and all consequential proceedings arising out of it, are quashed.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. April 29th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.04.29 16:51 I attest to the accuracy and integrity of this document Chandigarh