Varun Chopra v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40408-2021 (O&M) Decided on : 25.11.2021 Varun Chopra ...... Petitioner

Versus

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

Mr. Deepak Gupta, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Barjesh Sharma, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.143 dated 26.06.2021 under Sections 323, 354 and 509 IPC registered at Police Station City Kotkapura District Faridkot and all the consequential proceedings arising out of the same, on the basis of compromise arrived at, between the parties.

Learned counsel for the petitioner submits that the petitioner and the complainant are closely related and were residing together in the same house. It was on account of trivial dispute between them, FIR in question was got registered. However, subsequently with the intervention of respectables the dispute between the parties has been resolved vide compromise dated 01.09.2021.

Vide order dated 28.09.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on SONIA BURA 2021.11.29 10:41 I attest to the accuracy and integrity of this document chandigarh

CRM-M-40408-2021 -226.10.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

Report dated 09.11.2021 has since been received from the JMIC, Faridkot in pursuance to the direction of this Court. 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. The trial Court has annexed the photocopies of the statement of the parties alongwith its report.

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

In view of the report of the learned JMIC, Faridkot 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(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 25.11.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.11.29 10:41 I attest to the accuracy and integrity of this document chandigarh