High Court of Punjab and HaryanaCRM-M/25849/2016allowed

Rajiv Sharma @ Johny v. State Of Punjab And ANR.

2016-12-07Mrs. Justice Raj Rahul Garg2 pages

CRM-M-25849-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25849-2016 Date of Decision:- 07.12.2016 Rajiv Sharma @ Johny ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. K.R. Dhawan, Advocate, for the petitioners. Ms. Manpreet Dhaliwal, AAG, Punjab.

None for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.28 dated 14.04.2015, under Section 354-A, registered at Police Station Division No.6, Jalandhar, on the basis of compromise dated 17.05.2016 (Annexure P-2).

Brief facts of the case are that the accused person had passed objectionable gestures to the complainant and thereafter he has threatened the complainant with dire consequences. Due to the said fact, the F.I.R was registered against the petitioner.

Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 17.05.2016 (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard Naresh Kumar 2016.12.09 15:25 I attest to the accuracy and integrity of this document Chandigarh to the genuineness and validity or otherwise of the compromise dated

CRM-M-25849-2016 -217.05.2016 (Annexure P-2), by way of order dated 29.07.2016, by this Court.

In compliance of order dated 29.07.2016 of this Court, the report of the Judicial Magistrate 1st Class, Jalandhar, dated 17.09.2016 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioner is quashed. Statements of the petitioner and complainant have been recorded to the same effect. Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.)

1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No.28 dated 14.04.2015, under Section 354-A, registered at Police Station Division No.6, Jalandhar and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 17.05.2016 (Annexure P-2). The present petition stands disposed of.

December 07, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.12.09 15:25 I attest to the accuracy and integrity of this document Chandigarh