Himanshu And ORS v. State Of Punjab And ANR

CRM-M-30274-2021 (O&M) 2023:PHHC: 119824

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30274-2021 (O&M) DATE OF DECISION: 11.09.2023 Himanshu and others

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM :

HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. K. B. Raheja, Advocate, for the petitioners.

Mr. Sachin Kaushik, AAG, Punjab.

Mr. Harsh Raheja, Advocate, for respondent No.2.

ARUN MONGA, J. (ORAL) Petitioners seek quashing of FIR No.117 dated 03.06.2021(Annexure P-1) registered under Sections 307, 452, 427, 506, 148, 149 of IPC, 1860, at Police Station City 1, Abohar, District Fazilka on the basis of compromise dated 10.06.2021 (Annexure P-2), stated to have been arrived between the parties.

2.

Parties were asked by this Court to appear before the Illaqa Magistrate to get their compromise statements recorded and a report was also sought from the learned Magistrate qua veracity of compromise. Pursuant thereto, a report dated 18.07.2023 of learned Sub Divisional Judicial Magistrate, Abohar had been received. Report reveals that statements of complainant party i.e. respondent No.2 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2 and accused/petitioners have arrived at a compromise voluntarily and without any coercion.

JYOTI THAKUR 2023.09.15 09:35 I attest to the accuracy and integrity of this order/judgement

CRM-M-30274-2021 (O&M) 2023:PHHC: 119824 3.

Learned counsel for complainant/respondent No.2 states that he would have no objection to the quashing of FIR in question. 4.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 5.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

6.

Petition is thus allowed. FIR No.117 dated 03.06.2021(Annexure P-1) registered under Sections 307, 452, 427, 506, 148, 149 of IPC, 1860, at Police Station City 1, Abohar, District Fazilka and all proceedings emanating there from qua the petitioners stand quashed. 7.

Pending application(s), if any, shall also stand disposed of. 11.09. 2023 (ARUN MONGA) Jyoti Thakur JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 JYOTI THAKUR 2023.09.15 09:35 I attest to the accuracy and integrity of this order/judgement