Manan Mahajan v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-34621-2021 (O&M) Date of Decision:-1.10.2021 Manan Mahajan ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Saksham Mahajan, Advocate for the petitioner. Mr. Harbir Sandhu, AAG, Punjab.

Mr. Amit Kohar, Advocate for respondent No.2/complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.0028 dated 16.2.2017 registered at Police Station Sarabha Nagar, Ludhiana, District Ludhiana under Sections 279 and 427 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 25.8.2021, the parties had been directed to appear before the Trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

PANKAJ KAKKAR 2021.10.01 16:58 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-34621-2021 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Ludhiana has been received, wherein it has been reported that the statements of petitioner/accused Manan Mahajan and also of complainant/respondent No.2-Rahul Duvedi have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant/respondent No.2-Rahul Duvedi in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Ludhiana 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.0028 dated 16.2.2017 registered at Police Station Sarabha Nagar, Ludhiana, District Ludhiana under Sections 279 and 427 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

7.

A copy of this order be given to learned counsel for the petitioner under signature of Reader of this Court.

1.10.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.10.01 16:58 I attest to the accuracy and integrity of this document