Dhairya Rai v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-37387-2021 (O&M) Decided on : 12.11.2021 Dhairya Rai ...... Petitioner

Versus

State of Punjab & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Dhiraj Chawla, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Hardeep Singh, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.39 dated 21.01.2021 under Sections 354-D, 419 and 506 IPC and Sections 66(c), 66(D), 66(E) and 67 of IT Act, 2000 registered at Police Station SAS Nagar, District Zirakpur and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties.

Vide order dated 10.09.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 11.10.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 02.11.2021 has since been received from the JMIC, Dera Bassi in pursuance to the direction of this Court. 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. The trial SONIA BURA 2021.11.15 18:20 I attest to the accuracy and integrity of this document chandigarh

CRM-M-37387-2021 -2Court has annexed the original copies of the statement of the parties alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioner and the respondent is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Dera Bassi and the principles laid down by 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(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 12.11.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.11.15 18:20 I attest to the accuracy and integrity of this document chandigarh