Harjinder Singh v. Pawan Kumar And ANR

258/2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-34889-2018 Date of Decision: 25.02.2025 HARJINDER SINGH

...Petitioner(s)

Vs.

PAWAN KUMAR AND ANOTHER

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE H. S. GREWAL

Present:

Mr. Kiran Kumar, Advocate, for the petitioner.

Ms. Ravinder Kaur, Advocate for Mr. Gurcharan Dass, Advocate for respondent No.1.

Mr. Amandeep Singh Samra, AAG, Punjab.

H. S. GREWAL , J. (Oral) 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of criminal complaint bearing CNR No.PBJLB1-004522-2017 (Annexure P-1) qua the petitioner and the summoning order dated 16.05.2014 (Annexure P-2) passed by the Ld. JMIC, Phillaur and all other consequential proceedings arising therefrom, on the basis of compromise dated 05.06.2018 (Annexure P-8) arrived at between the parties. 2.

Vide order dated 28.02.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 22.03.2023 to get their statements recorded regarding the compromise arrived at, between them; and a report in this regard was sought for 30.05.2023, and then for adjourned dates.

3.

Report dated 25.08.2023 has since been received from learned Judicial Magistrate 1st Class, Phillaur, in pursuance of the directions of this Court, wherein; the factum of the compromise arrived at between the parties MAMTA 2025.03.18 17:22 I attest to the accuracy and integrity of this order/judgment

CRM-M-34889-2018 -2stands verified and confirmed. 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 and the complainant has also made statement to the effect that he would have no objection if the complaint qua the accused-petitioner is quashed.

4.

The Trial Court has annexed the copy of statements of the parties, alongwith its report.

5.

Learned State counsel too 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.

6.

In view of the report of the learned Sub Divisional Judicial Magistrate, Payal and the principles laid down by Hon'ble 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 qua petitioners.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 25.02.2025 (H. S. GREWAL) M.Sikka JUDGE Whether reasoned/speaking :

Yes/No Whether reportable :

Yes/No MAMTA 2025.03.18 17:22 I attest to the accuracy and integrity of this order/judgment