High Court of Punjab and HaryanaCRM-M/32139/2017disposed of

Chander Mohan Sharma & Others v. State Of Punjab & Another

2018-10-01Mrs. Justice Archana Puri2 pages

CRM-M-32139 of 2017 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M-32139 of 2017 Date of Order: 01.10.2018 Chander Mohan Sharma and Ors.

....Petitioners

Versus

State of Punjab and Anr.

....Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. R.S. Malhotra, Advocate for the petitioners. Mr. A.S. Sandhu, Addl.AG, Punjab.

Mr. Gautam Thapar, Advocate for respondent No.2. GURVINDER SINGH GILL, J (ORAL) By way of filing this petition, the petitioners seek quashing of FIR No.170 dated 15.10.2016 registered under Sections 420/406 IPC and Section 24 of Emigration Act registered at P.S Sultanpur Lodhi, District Kapurthala along with all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 31.8.2017, the parties had been directed to appear before the trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Sub Divisional Judicial Magistrate, Sultanpur Lodhi has been received to the effect that the statements of the complainant-Charan Singh and also of the accused/petitioners have been recorded to the effect that they have compromised the matter amongst themselves. The complainant Charan Singh has categorically stated that he has compromised the matter with the petitioners/accused and he has no objection in case the FIR is quashed. The learned Sub Divisional Judicial Magistrate, Sultanpur Lodhi has specifically MANOJ KUMAR 2018.10.

CRM-M-32139 of 2017 #2# opined that the parties have entered into compromise voluntarily and without there being any pressure, coercion or undue influence. 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.170 dated 15.10.2016 registered under Sections 420/406 IPC and Section 24 of Emigration Act registered at P.S Sultanpur Lodhi, District Kapurthala and all the consequent proceedings arising therefrom are hereby quashed qua the petitioners. Petition stands allowed.

October 01, 2018 (GURVINDER SINGH GILL) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2018.10.03 13:24 I attest to the accuracy and integrity of this document