Rajat Bhagi And Others v. State Of Punjab And Others

CRM-M-39143-2021 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-39143-2021 Date of Decision: 18.11.2021 Rajat Bhagi and others..........................................Petitioners

Versus

State of Punjab and others...................................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

(Through video conferencing)

Present:

Mr. Vikasdeep Singh, Advocate for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Vikas Gupta, Advocate for respondent No.2 to 4.

...

MANJARI NEHRU KAUL, J. (Oral) The instant petition is for quashing of FIR No.235 dated 25.09.2019 under Sections 354 and 34 IPC registered at Police Station Sultanpur Lodhi, District Kapurthala along with all the consequential proceedings arising out of the same, on the basis of compromise dated 08.09.2021 (Annexure P-2) arrived at, between the parties. Vide order dated 21.09.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 25.10.2021 to get their statements recorded regarding the compromise arrived at between them.

RUPINDER KAUR 2021.11.22 08:49 I attest to the accuracy and integrity of this document Report has since been received from learned Sub Divisional

CRM-M-39143-2021 [ 2 ] Judicial Magistrate, Sultanpur Lodhi, in pursuance to the direction of this Court, wherein the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report, compromise has indeed been effected between the parties and the same is genuine, voluntary and out of free will and is not the result of any threat, pressure or undue influence etc. in any manner. The complainant has also made statement to the effect that she would have no objection if the FIR qua the accusedpetitioner is quashed. The trial Court has annexed the statements of the parties along with its report.

Learned State counsel too submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned Sub Divisional Judicial Magistrate, Sultanpur Lodhi, 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 is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. ( MANJARI NEHRU KAUL) 18.11.2021 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2021.11.22 08:49 I attest to the accuracy and integrity of this document