Sonu Kamboj v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.33846 of 2024 (O&M) Date of decision: 10.02.2025 Sonu Kamboj ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Ashok K. Khunger, Advocate for the petitioner.

Mr. Nitesh Sharma, DAG, Punjab.

Mr. R.P. Daaria, Advocate for Mr. Baldev Goyal, Advocate for respondent No.2.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.0051 dated 10.05.2022 registered under Sections 353, 186, 506 of Indian Penal Code, 1860 (in short 'IPC') at Police Station Khuian Sarwar, District Fazilka and all other subsequent proceedings arising therefrom, on the basis of compromise/affidavit dated 23.01.2024 (Annexure P-2). 2.

The following order was passed on 18.07.2024: "XX XX XX XX Notice of motion.

On asking of this Court, Mr. Kewal Singh, Addl. A.G. Punjab accepts notice on behalf of State and prays for

time to file status report. Learned counsel for petitioner is directed to supply him a complete copy of the paperbook. Mr. Baldev Goyal, Advocate appeared and filed power of attorney on behalf of respondent No. 2, which is taken on record.

Let statements of petitioner and respondent No.2 be recorded with regard to the compromise, on or before 20.08.2024 by learned Illaqa/Duty Magistrate concerned, as the convenience of said Court. In the event of their statements being recorded, the Court will send copies of the same to this Court before the next date of hearing along with its report i.e.

1. The number of accused in aforesaid FIR and to report whether any of the accused has been declared proclaimed offender(s) or any such proceedings have been initiated or pending against them.

2. Whether the compromise entered between the parties is genuine, voluntary without any coercion or undue influence.

3. Statement of IO regarding involvement of petitioner in any other FIR.

4. Status of the trial pending before the Court. To await the report, list again on 02.09.2024. Status report be also filed by respondent - State by adjourned date."

3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

A Division Bench of this Court in CRM-M No.31765 of 2012, titled as "Vinod @ Boda and others vs State of Haryana and another", decided on 01.05.2013, allowed the compounding of offence under Sections 332, 353, 186, etc. of IPC, where the government servant was involved.

5.

Further in view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466, and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007

(3) RCR (Crl.) 1052, this petition is allowed and FIR No.0051 dated 10.05.2022 registered under Sections 353, 186, 506 IPC at Police Station Khuian Sarwar, District Fazilka and all other subsequent proceedings arising therefrom, are quashed qua the petitioner. (HARPREET SINGH BRAR) JUDGE 10.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No