Puninder Punni And Other v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-32972 of 2019 (O&M) Date of Decision: November 19, 2019 Puninder Punni and others

...Petitioners

VERSUS

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Ms.Nisha, Advocate for Mr.S.S.Sarwara, Advocate for the petitioners.

Mr.Ramandeep Sandhu, Sr. DAG, Punjab for the respondent-State.

None for respondent No.2.

**** HARINDER SINGH SIDHU, J.

Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.5 dated 16.02.2019 under Sections 420 and 120-B IPC, registered at Police Station NRI, District SAS Nagar, Mohali, and all other consequential proceedings arising out of the said FIR, on the basis of mutual compromise arrived at between the parties on 27.07.2019. Notice of motion was issued. Learned State counsel appeared but none appeared on behalf of respondent No.2 despite service. I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. VINEET GULATI 2019.11.20 18:09 I attest to the accuracy and authenticity of this document Chandigarh Vide order dated 16.10.2019, the parties were directed to

CRM No.M-32972 of 2019 -2appear before the concerned Illaqa/Duty Magistrate on 21.10.2019 for getting their statements recorded with regard to the compromise. A report dated 30.10.2019 of learned Civil Judge (Jr. Divn.)- cum-JMIC, Mohali, has been received. As per the report, the parties had appeared before learned JMIC, Mohali and got recorded their statements regarding the compromise. Learned Magistrate has stated in her report that compromise has been effected with the consent of both the parties, without any undue influence or pressure from any quarter. Keeping in view the above facts, I am of the considered opinion that it is a fit case in which the impugned FIR is liable to be quashed. Therefore, the present petition is allowed. FIR No.5 dated 16.02.

2019 under Sections 420 and 120-B IPC, registered at Police Station NRI, District SAS Nagar, Mohali, along with all subsequent proceedings arising therefrom, is hereby quashed qua the petitioners. November 19, 2019 (HARINDER SINGH SIDHU) Vgulati JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No VINEET GULATI 2019.11.