Deepu Kumar Yadav v. State Of Punjab And Another

CRM-M-31773-2023 2023:PHHC:117982

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-31773-2023 (O&M) Date of decision: 06.09.2023 Deepu Kumar Yadav

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Satvir Singh, Advocate, For the petitioner.

Mr. Shubham Kaushik, AAG, Punjab.

Mr. Kanwaljeet Singh, Advocate, For respondent No.2.

ARUN MONGA, J. (ORAL) The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') seeking quashing of FIR No.140 dated 30.08.2021 (Annexure P-1), under Sections 452, 323, 427, 506, 148 read with Section 149 of Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station Dugri, District Police Commissionerate Ludhiana and subsequent proceedings thereto, on the basis of compromise dated 27.11.2021 (Annexure P-2), which is stated to have been entered into between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 05.07.2023 had directed the parties to appear before the Illaqa Magistrate/ trial Court for recording their statements in support of the compromise. A veracity report was also called for.

3.

Placed on record is a report dated 05.09.2023 of learned Judicial Magistrate Ist Class, Ludhiana and a perusal of the same would reveal that the statements of the complainant/respondent No.2 as also of the accused/present petitioner herein have been duly recorded and it has been opined that a compromise has been arrived and is authentic, genuine, voluntarily and out of free will of the parties. The report is accompanied by the statements of the parties which were duly recorded.

SHALINI BHATIA 2023.09.11 18:55 I attest to the accuracy and integrity of this order/ judgment

CRM-M-31773-2023 2023:PHHC:117982 5.

Learned counsel appearing on behalf of respondent No.2 also makes a statement that the compromise having been effected with the petitioner, he would have no objection to the quashing of FIR in question. 6.

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 Pradesh1 and a Full Bench decision of this Court in Kulwinder Singh and others v. State of Punjab and others2.

7.

Adverting back to the facts of present case, it is apparent that the complainant/respondent No.2 and accused/petitioner are known to each other and compromise has been arrived at between the parties voluntarily and without any coercion.

8.

In the considered view of this Court, it would be an appropriate case for exercise of power under Section 482 Cr.P.C. and to buy peace and to bring to an end the criminal proceedings initiated in the light of the impugned FIR. 9.

For the reasons recorded above, the present petition is allowed. FIR No.140 dated 30.08.2021 (Annexure P-1), under Sections 452, 323, 427, 506, 148 read with Section 149 of Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station Dugri, District Police Commissionerate Ludhiana and all proceedings emanating therefrom qua the petitioner alone stands quashed. 10.

Pending application(s), if any, shall also stand disposed of. SEPTEMBER 06, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1 Criminal Appeal No.1489 of 2012 2 2007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.09.11 18:55 I attest to the accuracy and integrity of this order/ judgment