Manpreet Singh v. State Of Punjab And Another

CRM-M-36247-2023 2023:PHHC:136964

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36247 OF 2023 (O&M) DATE OF DECISION : 16.10.2023 Manpreet Singh

...Petitioner

Versus

State of Punjab and another

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. S. S. Sidhu, Advocate, For the petitioner.

Mr. Hakam Singh, AAG, Punjab.

Mr. Amritpal Singh, Advocate, For respondent No.2.

ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.0036 dated 02.04.2023 registered under Sections 323, 341, 324, 148 read with Section 149 of IPC at Police Station Nathana, District Bathinda (Annexure P-1) and DDR No.17 dated 12.04.2023 (Annexure A-1) registered under Section 326 of IPC vide order dated 25.08.2023, on the basis of compromise dated 22.05.2023 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 27.07.2023 had directed the parties to appear before the Illaqua Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for.

3.

Report dated 09.10.2023 of learned Judicial Magistrate 1st Class, Bathinda 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.

SHALINI BHATIA 2023.10.20 18:01 I attest to the accuracy and integrity of this order/ judgment

CRM-M-36247-2023 2023:PHHC:136964 4.

Learned counsel for complainant/respondent No.2 states that he would have no objection to the quashing of FIR in question. 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 dated 29.09.2021 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.0036 dated 02.04.2023 registered under Sections 323, 341, 324, 148 read with Section 149 of IPC at Police Station Nathana, District Bathinda (Annexure P-1) and DDR No.17 dated 12.04.2023 (Annexure A-1) registered under Section 326 of IPC vide order dated 25.08.2023 and all proceedings emanating there from qua the petitioners stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE OCTOBER 16, 2023 shalini Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1Criminal Appeal No.1489 of 2012 2007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.10.20 18:01 I attest to the accuracy and integrity of this order/ judgment