High Court of Punjab and HaryanaCRM-M/36204/2019allowed

Harjodh Singh v. Union Territory Chandigarh And ANR

2020-02-05Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-36204-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36204-2019 Decided on : 05.02.2020 Harjodh Singh ...... Petitioner

Versus

UT, Chandigarh & anr.

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

Mr. Pratham Sethi, Advocate for the petitioner.

Mr. Deepinder Brar, Addl. PP UT, Chandigarh.

Mr. Mayank Goyal, 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.103 dated 26.05.2017 under Sections 354/509 IPC (Sections 354-A, 365 and 341 IPC added later on) registered at Police Station West Sector 11, UT, Chandigarh on the basis of compromise deed dated 20.06.2019 (Annexure P-3) arrived at, between the parties. Vide order dated 25.11.2019 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 05.12.2019 to get their statements recorded regarding the compromise arrived at, between them.

Report dated 14.01.2020 has since been received from the learned JMIC, Chandigarh in pursuance to the direction of this Court. As SONIA BURA 2020.02.10 10:28 I attest to the accuracy and integrity of this document chandigarh

CRM-M-36204-2019 -2per 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 statements of the parties in original alongwith its report.

Learned counsel for UT, Chandigarh also submits that there are no other accused other than the petitioner and respondent No.2 is the only aggrieved person in the FIR in question.

In view of the report of the learned JMIC, Chandigarh 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 05.02.2020 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.02.10 10:28 I attest to the accuracy and integrity of this document chandigarh