Vipul Lakhanpal v. Ut Chandigarh And ORS

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-30498-2020 (O&M) Date of Decision:-4.10.2021 Vipul Lakhanpal ... Petitioner

Versus

State of U.T., Chandigarh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Anuj Sood, Advocate for the petitioner.

Mr. B.R. Rana, Advocate for Mr. J.S. Toor, Addl.P.P., U.T., Chandigarh.

Mr. Gaurav Gaur, Advocate for respondents No.2 to 4. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.0119 dated 26.5.2020 registered at Police Station Mauli Jagran, Chandigarh under Sections 279 and 337 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 25.1.2021, 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 2021.10.04 18:30 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-30498-2020 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Chandigarh has been received, wherein it has been reported that the statements of petitioner/accused Vipul Lakhanpal and also of respondents No.2 to 4, Vijay Shukla, Peskar Shukla and Maharaj Dutt Shukla, have been recorded to the effect that they have compromised the matter amongst themselves. 4.

The respondents No.2 to 4, Vijay Shukla, Peskar Shukla and Maharaj Dutt Shukla in their joint statement have stated that they has no objection in case the FIR in question is quashed.

5.

Learned Judicial Magistrate 1st Class, Chandigarh 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.0119 dated 26.5.2020 registered at Police Station Mauli Jagran, Chandigarh under Sections 279 and 337 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

4.10.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.10.04 18:30 I attest to the accuracy and integrity of this document