High Court of Punjab and HaryanaCRM-M/19382/2021allowed

Amit Kumar v. U. T. Chandigarh And Another

2021-09-09Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-19382-2021 (O&M) Decided on : 09.09.2021 Amit Kumar ...... Petitioner

Versus

UT, Chandigarh & anr.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

None for the petitioner.

Mr. Rajiv Vij, APP, UT, Chandigarh.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.442 dated 22.10.2014 under Sections 406 and 498-A IPC registered at Police Station Sector 39, Chandigarh and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 27.04.2021 (Annexure P-2) arrived at, between the parties.

Vide order dated 01.07.2021 of this Court, the parties were directed to appear days before the learned trial Court/Illaqa Magistrate on 30.07.2021 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 09.08.2021 has since been received from the Judicial Magistrate Ist Class, Chandigarh in pursuance to the direction of this Court. As per the 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 photocopies of the statement of the parties alongwith its report.

SONIA BURA 2021.09.09 17:43 I attest to the accuracy and integrity of this document chandigarh

CRM-M-19382-2021 -2Learned State counsel also submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Chandigarh and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) 09.09.2021 JUDGE sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.09.09 17:43 I attest to the accuracy and integrity of this document chandigarh