Sujal Mahajan v. State Of Punjab And Others

2024:PHHC:052023 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-36579-2023 (O&M) Date of Decision:- 18.04.2024 Sujal Mahajan ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. M.K.Bhatnagar, Advocate, for the petitioner. Mr. Vishvajeet Singh Virk, DAG, Punjab.

Mr. Sanjeev Kumar Bawa, Advocate, for respondents No.2 & 3. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioner-Sujal Mahajan has approached this Court seeking quashing of FIR No.81 dated 24.3.2023, Police Station Sadar, Amritsar, District Police Commissionerate Amritsar, under Sections 279, 337, 427 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 2.

Vide order dated 28.07.2023, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Additional Chief Judicial Magistrate, Amritsar, has been received, wherein it has been reported that the statement of petitioner/accused Sujal Mahajan and complainant/victim Gursharan Singh and Sunaina Passricha (appeared through video conference) MOHAN SINGH 2024.04.19 04:38 I attest to the accuracy and integrity of this document

CRM-M-36579-2023 (O&M) - 2 - 2024:PHHC:052023 have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Complainant/victim Gursharan Singh and Sunaina Passricha (appeared through video conference) in their statement had stated that they have no objection in case the FIR in question is quashed. 5.

The learned Additional Chief Judicial Magistrate, Amritsar, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.81 dated 24.3.2023, Police Station Sadar, Amritsar, District Police Commissionerate Amritsar, under Sections 279, 337, 427 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner. 18.04.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.04.19 04:38 I attest to the accuracy and integrity of this document