Vishal Dhir And ORS v. State Of Punjab And ANR

CRM-M-40571-2022 -12023:PHHC:039913

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40571-2022 Decided on : 17.03.2023 Vishal Dhir & ors.

...... Petitioners

Versus

State of Punjab & ors.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Ms. Nandini Sharma, Advocate for Mr. Umesh Aggarwal, Advocate for the petitioners.

Mr. Sanish Girdhar, AAG, Punjab.

Mr. Aayush Sharma, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.227 dated 15.11.2022 under Sections 420, 467, 468, 471 and 120-B IPC registered at Police Station E Division (Kotwali), District Amirtsar and all the consequential proceedings arising out of the same, on the basis of compromise deed dated 18.08.2022 (Annexure P-2) arrived at, between the parties.

Vide order dated 19.01.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 17.02.2023 to get their statements recorded regarding the compromise arrived at, between them.

SONIA BURA 2023.03.18 12:04 I attest to the accuracy and integrity of this document

CRM-M-40571-2022 -22023:PHHC:039913 Report dated 16.03.2023 has since been received from the learned JMIC, Amritsar in pursuance of the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the photocopies of the statements of the parties alongwith its report.

Learned State counsel also submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Amritsar and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (MANJARI NEHRU KAUL) JUDGE 17.03.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.03.18 12:04 I attest to the accuracy and integrity of this document