Rahul v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-19968-2022 (O&M) Date of Decision:-21.11.2022 Rahul ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sanjeev Virk, Advocate for Mr. Parminder Singh, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab.

Mr. Navraj Singh, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.199, dated 12.4.2022, Police Station Zirakpur, Punjab, under Sections 279, 337, 427 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties. 2.

Vide order dated 11.5.2022, 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 Judicial Magistrate 1st Class, Dera Bassi has been received, wherein it has been reported that statements of petitioner/accused Rahul and also of respondent No.2/complainant namely Balwinder Singh PANKAJ KAKKAR 2022.11.21 17:54 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-19968-2022 (O&M) have been recorded to the effect that they have compromised the matter amongst themselves.

4.

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

Learned Judicial Magistrate 1st Class, Dera Bassi has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or 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.199, dated 12.4.2022, Police Station Zirakpur, Punjab, under Sections 279, 337, 427 and 506 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 21.11.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.11.21 17:54 I attest to the accuracy and authenticity of this document