Sona And Others v. State Of Punjab And Another

CRM-M-13652-2023 2023:PHHC:084447

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13652 of 2023 (O&M) DATE OF DECISION: 04.07.2023 Sona and others

...Petitioners

Versus

State of Punjab and another

...Respondents

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

Mr. Sachin Ohri, Advocate, for the petitioners.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Sachin Gupta, Advocate, for respondent No.2.

ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.0083 dated 12.05.2021, under Sections 324, 323, 452, 148/149 IPC, registered at Police Station Dinanagar, District Gurdaspur (Annexure P-1) on the basis of compromise dated 26.12.2022 (Annexures P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 17.03.2023 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 19.04.2023 of learned Judicial Magistrate Ist Class, Gurdaspur had been received. Report reveals that statements of complainant party i.e. respondent No.2 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has SHALINI BHATIA 2023.07.11 13:29 I attest to the accuracy and integrity of this order/ judgment

CRM-M-13652-2023 2023:PHHC:084447 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/petitioners have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel for respondent No.2 states that he would have no objection to the quashing of the FIR in question is quashed. 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.0083 dated 12.05.2021, under Sections 324, 323, 452, 148/149 IPC, registered at Police Station Dinanagar, District Gurdaspur and all proceedings emanating there from qua the petitioner stand quashed.

9.

Pending application(s), if any, shall also stand disposed of. JULY 04, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2023.07.11 13:29 I attest to the accuracy and integrity of this order/ judgment