Vikash Kumar And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-32983-2024 Date of decision: September 16th, 2024 Vikash Kumar and others .....Petitioners

Versus

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

Present:

Mr. Kanwaljeet Singh, Advocate for the petitioners.

Mr. Jasdeep Singh, DAG, Punjab.

Mr. Satvir Singh, Advocate for respondent Nos.2 to 4.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.52 dated 25.03.2024 under Sections 452, 323, 341, 506, 427, 148, 149 of the Indian Penal Code, 1860 registered at Police Station City Sangrur, and the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 16.07.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 14.08.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified PUNEET SACHDEVA 2024.09.16 18:01 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-32983-2024 -2and 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 private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the copies of statements of the parties, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only aggrieved persons in the FIR in question. 6.

In view of the report of the learned trial Court, 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. September 16th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.09.16 18:01 I attest to the accuracy and integrity of this document Chandigarh