Rajesh Singla And ORS v. State Of Punjab And ANR

CRM-M-35740 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-35740 of 2016 Date of decision: 30.01.2017 Rajesh Singla and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Harkaran Singh, Advocate for Mr. Brijeshwar Singh Bhalla, Advocate for the petitioners.

Mr. Ashish Sanghi, DAG, Punjab.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No. 211 dated 30.07.2016 (Annexure P-1), registered for offences punishable under Sections 420, 467, 468, 471, 182, 186, 192 and 501 of Indian Penal Code (for short 'IPC') at Police Station Focal Point, District Ludhiana, along with all consequential proceedings arising therefrom, on the basis of the compromise dated 23.09.2016 (Annexure P-2).

Learned counsel for petitioners submits that FIR was registered with the allegation that petitioners had been moving various applications against respondent no. 2 levelling allegations, which were pseudonymous. However, the matter has since been amicably settled with respondent no. 2. I have heard learned counsel for the parties and perused the case file.

The parties were directed to appear before the trial court to produce the compromise and get their statements recorded. The trial court Jitender Kumar 2017.01.31 17:06 I attest to the accuracy and integrity of this document

CRM-M-35740 of 2016 -2has sent its report dated 29.11.2016 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any coercion. Learned State counsel has also not disputed the compromise (Annexure P-1).

Keeping all the above facts in view, I am of the considered opinion that in view of compromise between petitioners and respondent no. 2, impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large. In view of the above discussion, the instant petition is allowed and the impugned FIR No. 211 dated 30.07.2016 (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed. January 30, 2017 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Jitender Kumar 2017.01.31 17:06 I attest to the accuracy and integrity of this document