High Court of Punjab and HaryanaCRM-M/28391/2019allowed

Abhimanyu Lathar v. U.T Chandigarh And ANR.

2019-11-06Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-28391-2019 (O&M) Date of Decision:-6.11.2019 Abhimanyu Lathar ... Petitioner

Versus

U.T. Chandigarh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Naveen Siwach, Advocate for the petitioner. Mr. Deepinder Brar, Addl.P.P., U.T., Chandigarh. Mr. Kulwant Singh Dhanora, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioner has approached this Court seeking quashing of FIR No.0231 dated 14.12.2017 registered at Police Station North, District Chandigarh (U.T.) under Sections 323, 341, 354, 354-D and 506 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated 8.7.2019, the parties had been directed to appear before the trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Judicial Magistrate 1st Class, Chandigarh has been received, wherein it has been reported that statement of complainant Manreet Kaur Mavi has been recorded to the effect that she has PANKAJ KAKKAR 2019.11.07 12:56 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-28391-2019 (O&M) compromised the matter with the accused/petitioner Abhimanyu Lathar and she has no objection in case the FIR is quashed. To a similar effect is the statement of the petitioner Abhimanyu Lathar. The 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. 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.0231 dated 14.12.2017 registered at Police Station North, District Chandigarh (U.T.) under Sections 323, 341, 354, 354-D and 506 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

6.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.07 12:56 I attest to the accuracy and integrity of this document