Harshveer Singh v. State Of Punjab And Others

2024:PHHC:045088 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-32209-2023 (O&M) Date of Decision:-3.4.2024 Harshveer Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jagan Nath Bhandari, Advocate for the petitioner. Mr. Vishavjeet Singh Virk, DAG, Punjab.

Mr. Rishab Bhandari, Advocate for respondents No.2 to 5. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks quashing of FIR No.0197, dated 22.5.2021 registered at Police Station City Kharar, District SAS Nagar, Punjab, under Sections 452, 323, 324, 148 and 149 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

2.

Reply by way of affidavit of Shri Karan Singh Sandhu, PPS, Deputy Superintendent of Police, Sub-Division Kharar-1, District SAS Nagar, has been filed by learned State counsel, which is taken on record. 3.

Vide order dated 8.8.2023, the parties had been directed to appear before the Trial Court/Duty Magistrate so as to get their statements recorded qua the factum of compromise.

Pankaj Kakkar 2024.04.04 16:56 I attest to the accuracy and authenticity of this document

CRM-M-32209-2023 (O&M) ( 2 ) 2024:PHHC:045088 4.

Report of learned Judicial Magistrate 1st Class, Kharar has been received, wherein it has been reported that statements of petitioner/accused Harshveer Singh and also the joint statement of respondents No.2 to 5 namely Arohi Sharma, Brij Mohan Sharma, Abhishek Sharma and Shabnam have been recorded to the effect that they have compromised the matter amongst themselves.

5.

Respondents No.2 to 5 namely Arohi Sharma, Brij Mohan Sharma, Abhishek Sharma and Shabnam in their statements have stated that they have no objection in case the FIR in question is quashed. 6.

Learned Judicial Magistrate 1st Class, Kharar has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

7.

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.0197, dated 22.5.2021 registered at Police Station City Kharar, District SAS Nagar, Punjab, under Sections 452, 323, 324, 148 and 149 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

3.4.2024 ( Gurvinder Singh Gill ) geeta/p Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No Pankaj Kakkar 2024.04.04 16:56 I attest to the accuracy and authenticity of this document