Raj Kumar And Another v. State Of Punjab And ANR

CRM-M-39880-2024











IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-39880-2024 Date of decision: 07.11.2024 RAJ KUMAR AND ANOTHER

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND ANR

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Harmanpreet Singh, Advocate for the petitioner(s).

Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr. Supreet Singh, Advocate for Mr. Rahul Rana, Advocate for respondent No.2.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of criminal Complaint i.e. COMI/23429/2013 registered under Sections 420, 467, 468, 471 and 120-B of IPC, and subsequent proceedings arising therefrom on the basis of compromise dated 15.07.2024 (Annexure P-1).

Vide order dated 14.08.2024 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 15.07.2024 (Annexure P-1).

Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, Amritsar and got their statements recorded. MAMTA 2024.11.08 17:29 I attest to the accuracy and integrity of this order/judgment

CRM-M-39880-2024










Report dated 04.10.2024 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. 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 petitioner(s).

Resultantly, criminal Complaint i.e. COMI/23429/2013 registered under Sections 420, 467, 468, 471 and 120-B of IPC alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

(N. S. SHEKHAWAT) 07.11.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.11.08 17:29 I attest to the accuracy and integrity of this order/judgment