Atul Gupta And Others v. State Of Punjab And Another

CRM-M No.18712 of 2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No.18712 of 2022

Reserved on: 22.07.2022

Pronounced on : 05.09.2022 Atul Gupta and others ......Petitioners Vs.

State of Punjab and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Aftab Singh Khara, Advocate for the petitioners. Mr. Harsimar Singh Sitta, AAG, Punjab.

Mr. Atul Goyal, Advocate for Mr. Mrigank Sharma, Advocate for respondent No.2. *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 26.09.2017 Civil Lines, Police 420 and 120-B IPC Commissionerate, Amritsar The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 Cr.P.C. for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person. 2.

During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2. 3.

After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent. 4.

On 30.05.2022, the aggrieved person Sarita Ahlawat (R-2) appeared before the JMIC, Amritsar and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 02.06.2022, the parties consented to the quashing of FIR and consequent proceedings without any threat. However, the statements of the P-3 Rajnish Mittal and P-4 Vikas Gupta could not be recorded as they are detained in jail and the statement on their behalf was suffered by their counsel. JYOTI 2022.09.06 09:44 I attest to the accuracy and integrity of this document

CRM-M No.18712 of 2022 --2-- ANALYSIS & REASONING:

5.

Despite the opposition of the State's counsel to this compromise, the following aspects would be relevant to conclude this petition. In the present case, all the offences are compoundable under Section 320 Cr.P.C. Given the legislative mandate, the prosecution can be closed by quashing the FIR and consequent proceedings. 6.

In Shakuntala Sawhney v Kaushalya Sawhney, (1979) 3 SCR 639, at P 642, Hon'ble Supreme Court observed that the finest hour of Justice arises propitiously when parties, who fell apart, bury the hatchet and weave a sense of fellowship or reunion. 7.

In the light of the judicial precedents referred to above, given the terms of compromise, placement of parties, and the fact that the injured has consented to quashing qua all the petitioners and other factors peculiar to the case, the contents of the compromise deed and its objectives point towards its acceptance.

8.

In Himachal Pradesh Cricket Association v State of Himachal Pradesh, 2018 (4) Crimes 324, Hon'ble Supreme Court holds "[47]. As far as Writ Petition (Criminal) No. 135 of 2017 is concerned, the appellants came to this Court challenging the order of cognizance only because of the reason that matter was already pending as the appellants had filed the Special Leave Petitions against the order of the High Court rejecting their petition for quashing of the FIR/Charge-sheet. Having regard to these peculiar facts, writ petition has also been entertained. In any case, once we hold that FIR needs to be quashed, order of cognizance would automatically stands vitiated."

9.

Considering the entire facts, compromise, and in the light of the above-mentioned judicial precedents, I believe that continuing these proceedings will not suffice any fruitful purpose whatsoever. In the facts and circumstances peculiar to this case, the Court invokes the inherent jurisdiction under section 482 Cr.P.C. and quashes the FIR and all subsequent proceedings qua the petitioner(s). The bail bonds of the petitioner are accordingly discharged. All pending application(s), if any, stand closed. Petition allowed in the terms mentioned above. (ANOOP CHITKARA) JUDGE 05.09.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.09.06 09:44 I attest to the accuracy and integrity of this document