Des Raj v. State Of Union Territory Chandigarh And ANR

CRM-M-35233-2023 (O&M) 2023:PHHC:131846

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-35233-2023 (O&M) Date of decision: 10.10.2023 Des Raj

...Petitioner

VS State of Union Territory, Chandigarh and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Gurpreet Singh, Advocate for Mr. Naveen Siwach, Advocate, For the petitioner.

Mr. Sidakmeet Singh Sandhu, Additional P.P.UT.,Chandigarh. Mr. Pankaj Attri, Advocate, For respondent No.2.

***** ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.53dated 25.04.2023(Annexure P-1) registered under Sections 323, 341, 506of IPC at Police Station, Central Sector, District Chandigarh on the basis of compromise dated 14.07.2023 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 20.07.2023 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for.

3.

Report dated 24.08.2023 of learned Chief Judicial Magistrate, Chandigarh had been received. Report reveals that statement of complainant party i.e. respondent No.2 as also of accused/present petitioner herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2 and accused/petitioner have arrived at a compromise voluntarily and without any coercion.

4.

Learned counsel for complainant/respondentNo.2states that he would have no objection to the quashing of FIR in question. VANDANA 2023.10.11 14:51 I attest to the accuracy and integrity of this document

CRM-M-35233-2023 (O&M) 2023:PHHC:131846 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated29.09.2021 of the Supreme Court in case titled "Ramgopal and anr. V. The State of Madhya Pradesh"1 and a Full Bench decision of this Court in"Kulwinder Singh and others V. State of Punjab and others"2 . 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.53 dated 25.04.2023 (Annexure P-1) registered under Sections 323, 341, 506 of IPCat Police Station, Central Sector, District Chandigarh and all proceedings emanating there from qua the petitioner stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 10.10.2023 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1Criminal Appeal No.1489 of 2012 2007 (3) RCR (Criminal) 1052 VANDANA 2023.10.11 14:51 I attest to the accuracy and integrity of this document