Kuldip Singh And Others v. State Of Punjab And Another

CRM-M-35103-2022 2023:PHHC:084249

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-35103 of 2022 (O&M) DATE OF DECISION: 04.07.2023 Kuldip Singh and others

...Petitioners

Versus

The State of Punjab and another

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Prateek Sodhi, Advocate, for the petitioners.

Mr. Mohit Thakur, AAG, Punjab.

Ms. Shairon Tyagi, Advocate for Mr. Shivam Grover, Advocate, for respondent No.2.

ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.207 dated 26.09.2021 registered under Sections 457, 380, 427, 34 IPC, at Police Station ADivision, District Amritsar (Annexure P-1), on the basis of compromise dated 25.07.2022 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 08.08.2022 had directed the parties to appear before the Illaqua Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 07.10.2021 of learned Judicial Magistrate Ist Class, Amritsar had been received. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The SHALINI BHATIA 2023.07.11 13:29 I attest to the accuracy and integrity of this order/ judgment

CRM-M-35103-2022 2023:PHHC:084249 report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2 and accused/petitioners have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel appearing on behalf of complainant/ respondent No.2 states that she would have no objection to the quashing of FIR in question.

5.

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 Full Bench decision of this Court in Kulwinder Singh and others Vs. State of Punjab and others, 2007 (3) RCR (criminal) 1052. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.207 dated 26.09.2021 registered under Sections 457, 380, 427, 34 IPC, at Police Station ADivision, District Amritsar and all proceedings emanating there from qua the petitioners stand quashed.

8.

Petition is allowed in aforesaid terms.

9.

Pending application(s), if any, shall also stand disposed of. JULY 04, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2023.07.11 13:29 I attest to the accuracy and integrity of this order/ judgment