Rajesh Sharma And ANR. v. State Of Punjab And Another

CRM-M-36568-2023 -12024:PHHC:027756

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36568-2023 Date of decision: 27.02.2024 Rajesh Sharma and anr.

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Sudesh Kumar Khurcha, Advocate for the petitioners.

Ms. Amrita Garg, AAG, Punjab.

Mr. Ranbir Singh Rawal, Advocate for respondent No.2/complainant.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 306 dated 30.11.2018 registered under Sections 201, 406, 420 and 120-B of IPC at Police Station Sohana, District SAS Nagar, Mohali (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 14.07.2023 (Annexure P-2).

Vide order dated 31.01.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 14.07.2023 (Annexure P-2).

Pursuant to aforesaid order, the parties have appeared before the learned Judicial Magistrate 1st Class, SAS Nagar and got their statements recorded. Report dated 26.02.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file. MAMTA 2024.02.29 10:30 I attest to the accuracy and integrity of this order/judgment

CRM-M-36568-2023 -22024:PHHC:027756 In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.

Resultantly, FIR No. 306 dated 30.11.2018 registered under Sections 201, 406, 420 and 120-B of IPC at Police Station Sohana, District SAS Nagar, Mohali (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (N. S. SHEKHAWAT) 27.02.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.02.29 10:30 I attest to the accuracy and integrity of this order/judgment