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High Court of Punjab and HaryanaCRM-M/18897/2022allowed

Kuldeep Singh v. Ut Chandigarh And Another

2022-12-14Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-18897-2022 (O&M) Date of Decision:-14.12.2022 Kuldeep Singh ... Petitioner

Versus

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

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep S. Majithia, Advocate for the petitioner. Mr. Shashank Bhandari, Addl.P.P., U.T., Chandigarh. Mr. Vishal Nehra, Advocate with Ms. Savi, Advocate for respondent No.2.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks quashing of FIR No.0057, dated 11.3.2022, Police Station Central Sector-17, Chandigarh, under Sections 406, 420, 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide order dated 5.5.2022, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Chief Judicial Magistrate, Chandigarh has been received, wherein it has been reported that statements of petitioner/accused Kuldeep Singh and also of respondent No.2/complainant namely Pawan have been recorded to the effect that they have compromised the matter amongst themselves.

PANKAJ KAKKAR 2022.12.14 16:49 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-18897-2022 (O&M) 4.

Respondent No.2/complainant namely Pawan in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Chief Judicial Magistrate, Chandigarh has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.0057, dated 11.3.2022, Police Station Central Sector-17, Chandigarh, under Sections 406, 420, 120-B of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 14.12.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.12.14 16:49 I attest to the accuracy and authenticity of this document