Munish Gupta v. Union Territory, Chandigarh

CRM-M-27210 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-27210 of 2016 Date of decision: 17.01.2017 Munish Gupta .... Petitioner

Versus

U.T. Chandigarh and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sandeep Katoch, Advocate for the petitioner.

Ms. Ashima Mor, APP, U.T. Chandigarh.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No. 62 dated 12.06.2016 (Annexure P-1), registered for offences punishable under Sections 279 and 337 of Indian Penal Code (for short 'IPC') at Police Station Sector 19, Chandigarh alongwith all consequential proceedings arising therefrom, on the basis of the compromise 13.07.2016 (Annexure P-2). As per case of the prosecution, on 08.06.2016 at about 11.00 a.m., complainant-Babu Ram was going from his home towards Sector 20, Chandigarh. When he started crossing the road near light point of Sectors 20 and 21, Chandigarh, the petitioner, driving his car bearing registration No.CH01AR7592 in a rash and negligent manner hit him from behind, as a result of which he sustained simple injuries. I have heard learned counsel for the parties and perused the case file.

The parties were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated Jitender Kumar 2017.01.18 10:13 I attest to the accuracy and integrity of this document

CRM-M-27210 of 2016 -211.01.2017 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any coercion or undue influence or pressure. Learned APP, U.T. Chandigarh has not disputed compromise (Annexure P-2).

In the instant case, the compromise has been effected and parties wish to live in peace and harmony.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere, which is not only in the interest of the parties but also for their families and ultimately the society at large.

In view of the above discussion, the instant petition is allowed and the impugned FIR No. 62 dated 12.06.2016 (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed. January 17, 2017 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Jitender Kumar 2017.01.18 10:13 I attest to the accuracy and integrity of this document