High Court of Punjab and HaryanaCRM-M/34049/2019allowed

Nitin Aggarwal And ORS v. State Of Punjab And ANR

2019-11-14Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-34049-2019 (O&M) Date of Decision:-14.11.2019 Nitin Aggarwal and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. A.S. Barnala, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Bhupinder Singh.

Mr. Ranjit Singh, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioners have approached this Court seeking quashing of FIR No.42 dated 25.5.2017 registered at Police Station Phase 8, SAS Nagar Mohali under Section 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Vide order dated 22.8.2019, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Judicial Magistrate 1st Class, Mohali has been received, wherein it has been reported that statements of petitioners/accused PANKAJ KAKKAR 2019.11.14 17:54 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-34049-2019 (O&M) Nitin Aggarwal, Surinder Kumar Aggarwal, Balkeshni Aggarwal and also of complainant Jaify Garg have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed.

The learned Judicial Magistrate 1st Class, Mohali has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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.42 dated 25.5.2017 registered at Police Station Phase 8, SAS Nagar Mohali under Section 498-A of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners.

14.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.14 17:54 I attest to the accuracy and integrity of this document