Hari Chand v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-19748-2025 Date of decision: May 23rd, 2025 Hari Chand .....Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ashok Kumar Munjal, Advocate for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. Mr. D.K. Sihag, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.214 dated 14.10.2008 under Sections 279 and 427 of the IPC, 1860, registered at Police Station City Khanna, Police District Khanna, District Ludhiana, along with all consequential proceedings arising therefrom on the basis of compromise dated 10.02.2025 (Annexure P-2) arrived at, between the parties.

2.

Vide order dated 09.04.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 16.05.2025 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Khanna, in pursuance of the directions of PUNEET SACHDEVA 2025.05.23 18:01 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-19748-2025 -2this Court, wherein, the factum of the compromise arrived at between the parties stands 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 FIR qua the accused-petitioner is quashed. 4.

The trial Court has annexed the attested copies of statements of the parties, along with its report. 5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Khanna, 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. May 23rd, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.05.23 18:01 I attest to the accuracy and integrity of this document Chandigarh