Sukhjivan Singh v. Ut Of Chandigarh And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30883-2024(O&M) DATE OF DECISION: 02.09.2024 Sukhjivan Singh ............Petitioner

VERSUS

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

CORAM

HON'BLE MRS.JUSTICE MANJARI NEHRU KAUL

Present

Mr.Hitesh Verma, Advocate, for the petitioner.

Mr. Manish Bansal, PP , U.T, Chandigarh with Mr.Shubham Mangla, Advocate for U.T., Chandigarh. Ms. Amarinder Kaur, Advocate, for respondent no.2.

*** MANJARI NEHRU KAUL, J (ORAL) 1.

The instant petition is for quashing of FIR No.69 dated 22.04.2024, under Sections 379-A IPC (later on added Section 411 IPC) registered at Police Station Sector 39, Chandigarh and all consequential proceedings arising out of the same, on the basis of compromise dated 25.06.2024 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 01.07.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 01.08.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Chandigarh pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the POONAM RATHORE 2024.09.03 17:53 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-30883-2024(O&M) -2parties stands verified and confirmed. 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 and the complainant has also made statement to the effect that she would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The Trial Court has annexed the copy of statements of the parties, alongwith its report.

5.

Learned State counsel for U.T, Chandigarh, on instructions from ASI Parvinder Singh, too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate Ist Class, Chandigarh and the principles laid down by Hon'ble 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 is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua petitioners. 7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) September, 02 2024 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.09.03 17:53 I attest to the accuracy and authenticity of this document High Court Chandigarh