Sunil Kumar And Others v. State Of Punjab And Another

CRM-M-38861-2024 -1271/2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH


Date of decision: 19.09.2024 SUNIL KUMAR AND OTHERS

...Petitioners

VERSUS

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Rahul Rana, Advocate for the petitioners.

Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr. Ajay Chaudhary, Advocate for Mr. Vikas Kumar Gupta, Advocate for respondent No.2.

**** N. S. SHEKHAWAT, J. (Oral) 1.

The instant petition has been filed under Section under Section 482 of the Code of Criminal Procedure for quashing of an FIR No.197 dated 02.12.2023 under Sections 324, 148, 149 and 506 IPC registered at Police Station Garhshankar, District Hoshiarpur (Anneuxre P-1), alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 04.05.2024 (Annexure P-2).

2.

Vide order dated 12.08.2024 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 04.05.2024 (Annexure P-2).

3.

Pursuant to aforesaid order, the parties have appeared before the Sub Divisional Judicial Magistrate, Garhshankar and got their statements recorded. Report dated 30.08.2024 has been received whereby after recording MAMTA 2024.09.24 11:52 I attest to the accuracy and integrity of this order/judgment

CRM-M-38861-2024 -2the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. 4.

I have heard counsel for the parties and gone through the case file. 5.

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 petitioners.

6.

Resultantly, FIR No.197 dated 02.12.2023 under Sections 324, 148, 149 and 506 IPC registered at Police Station Garhshankar, District Hoshiarpur (Anneuxre P-1), alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (N. S. SHEKHAWAT) 19.09.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.09.24 11:52 I attest to the accuracy and integrity of this order/judgment