Ajay Alias Vishal Kumar v. State Of Punjab And Another

CRM-M-25093-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25093-2021 Date of Decision: October 07, 2021 Ajay @ Vishal Kumar ......Petitioner

Versus

State of Punjab and another ......Respondents CORAM:- HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.S.S.Hira, Advocate for the petitioner.

Ms.Sakshi Bakshi, AAG, Punjab.

None for the complainant.

.......

RAJESH BHARDWAJ, J.

Present petition has been filed praying for quashing of FIR No.51, dated 25.04.2018, under Sections 363, 366-A IPC, registered at Police Station, Bullowal, District Hoshiarpur, and all the subsequent proceedings arising therefrom on the basis of compromise dated 16.04.2021. This Court vide order dated 06.07.2021 directed the parties to appear before the Magistrate for recording their statements in pursuance to the alleged compromise. Learned Judicial Magistrate was also directed to send its report.

As per the report received, it has been mentioned that though the accused appeared for recording his statement on 31.08.2021, however, the complainant did not appear for recording his statement. The FIR is under Sections 363/366-A IPC, which are pertaining to the heinous offences. MEENU 2021.10.29 02:12 I attest to the accuracy and integrity of this document

CRM-M-25093-2021 -2Even otherwise, the alleged compromise is also not proved from the report sent. Even otherwise, in view of the law laid down by the Hon'ble Supreme Court in Gian Singh vs State of Punjab ((2012) 10 SCC 303), the compromise arrived at is not acceptable in cases of heinous offences. In view of the same, the present petition being devoid of any merit is hereby dismissed.

( RAJESH BHARDWAJ ) October 07, 2021 JUDGE meenuss 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether Reportable ?

Yes/No MEENU 2021.10.29 02:12 I attest to the accuracy and integrity of this document