Harsh Masih And ORS. v. State Of Punjab And ORS

220 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (through video conferencing) CRM-M-28835-2018 (O&M) Decided on : 01.02.2022 Harsh Masih & ors.

...... Petitioners

Versus

State of Punjab & others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Varun Sharma, Advocate for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.33 dated 13.03.2018 under Sections 452, 354, 323, 326, 148 and 149 IPC registered at Police Station Mehatpur, District Jalandhar and all the consequential proceedings arising out of the same, on the basis of compromise dated 28.03.2018 (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioners submits that on account of a trivial dispute between the parties, FIR in question was registered at the instance of complainant. He further submits that subsequent to the registration of the FIR in question, the parties have arrived at an amicable settlement vide compromise (Annexure P-2) dated 28.03.2018. Vide order dated 02.09.2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 24.01.2022 has since been received from the JMIC, Nakodar in pursuance to the direction of this Court. As per the SONIA BURA 2022.02.02 12:18 I attest to the accuracy and integrity of this document chandigarh

CRM-M-28835-2018 (O&M) - 2 - report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the statements of the parties in original alongwith its report. Learned State counsel submits that there is no other accused other than the petitioners and private respondents are the only aggrieved persons in the FIR in question.

In view of the report of the learned JMIC, Nakodar and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab and another 2014(2) R.C.R. (Criminal) 482, the instant petition(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 01.02.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.02.02 12:18 I attest to the accuracy and integrity of this document chandigarh