Kiran Singhal And Another v. Ut Of Chandigarh Etc

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : 04.09.2024 Kiran Singhal and another

...Petitioners

Versus

State of U.T, Chandigarh and others ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Ms. Apoorva Kinra, Advocate for Mr. Harsh Kinra Singh, Advocate for the petitioner.

Mr. Manish Bansal, P.P., U.T., Chandigarh with Mr. Shubham Mangla, Advocate for U.T. Chandigarh-respondent Nos.1 and 2.

Mr. Sarvesh Malik, Advocate for respondent No.3. *** MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in the instant petition is for quashing of FIR No.60 dated 09.03.2018 under Sections 323, 325, 34 of the IPC registered at Police Station Maloya, Chandigarh, along with all consequential proceedings arising therefrom on the basis of compromise dated 04.07.2024 (Annexure P-2).

2.

Vide order dated 17.07.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on

-229.07.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate, (1st Class) Chandigarh, in pursuance of the directions 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 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 too submits that there are no other accused other than the petitioners and respondent No.3 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned Judicial Magistrate, (1st 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.

-37.

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 04, 2024 JUDGE poonam Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No