High Court of Punjab and HaryanaCRM-M/27977/2016allowed

Krishan Kumar v. Ut Of Chandigarh & ANR

2016-11-04Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-27977 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-27977 of 2016 Date of decision : 04.11.2016 Krishan Kumar ......Petitioner versus U.T. Chandigarh and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Gunjan Mehta, Advocate for the petitioner Mr. J.S. Toor, Advocate for U.T. Chandigarh Mr. O.S. Batalvi, Advcoate for Mr. Tarun Aggarwal, Advocate for the complainant.

**** RITU BAHRI , J. (Oral) Quashing of FIR No. 98 dated 07.05.2016 under Sections 323/506/342 IPC and Section 307 IPC added lateron, registered at Police Station Sector-26, Chandigarh, is being sought on the basis of compromise dated 09.07.2016 (Annexure P-2).

Respondent No. 2/complainant got registered the present F.I.R against the petitioner with the allegations that he attacked him with hammer on his head and thereafter, after snatching phone, he fled away from the spot.

However, the matter has now been duly compromised, vide compromise deed dated 09.07.2016 (Annexure P-2). In compliance of order dated 12.08.2016, report dated 08.09.2016 of Addl. Chief Judicial Magistrate, Chandigarh, has been GAURAV ARORA 2016.11.09 15:41 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-27977 of 2016 received in this regard. As per report, statement of parties have been recorded. Complainant stated that the matter stands compromised between the parties and he does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioner. The compromise has been entered voluntarily. To the same effect is the statement given by the petitioner.

Consequently, in view of the status report dated 08.09.2016 and in view of the judgments of the Hon'ble Supreme Court in Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429", and the law laid down by the Full Bench judgment of this Court in the case of "Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052", no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 98 dated 07.05.2016 under Sections 323/506/342 IPC and Section 307 IPC added lateron, registered at Police Station Sector-26, Chandigarh, is quashed along with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of.

04.11.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.11.09 15:41 I attest to the accuracy and integrity of this document