Sandeep Singh v. State Of Punjab And Another

CRM-M-41546 of 2020 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41546 of 2020 (O&M) Date of Decision: 01.04.2022 Sandeep Singh ......Petitioner

Versus

State of Punjab and Anr.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Kanwal Goyal, Advocate for the petitioner. Mr. R.S. Khaira, AAG, Punjab.

Mr. Aman Dhir, Advocate for respondent No.2.

HARINDER SINGH SIDHU, J Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.55 dated 10.04.2014 under Sections 279,304-A,427 IPC registered at P.S Sadar, Jalandhar and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise.

Allegations in the FIR are that the petitioner, who was coming on tractor trolley hit the son of the complainant resulting into his death. When the case came up for preliminary hearing, learned counsel for the petitioner has on record a copy of award dated 29.10.2016 passed in the claim petition filed under Section 166 of the Motor Vehicle Act by the dependents of the deceased including the complainant vide which learned MACT, Jalandhar has returned finding that the incident had not been caused by the petitioner.

Vide order dated 17.02.2021, the parties were directed to MANOJ KUMAR 2022.04.08 09:33 I attest to the accuracy and integrity of this document

CRM-M-41546 of 2020 (O&M) #2# appear before the trial Court/Area Magistrate on 17.03.2021 for getting their statements recorded with regard to the compromise and the learned Magistrate was directed to send a report about the genuineness and veracity of the compromise.

A report dated 19.03.2021 of learned Addl. Chief Judicial Magistrate, Jalandhar has been received. As per the report, the parties had appeared before learned Magistrate and got recorded their statements regarding compromise. Learned Magistrate has stated that he is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence. Accordingly, the present petition is allowed. FIR No.55 dated 10.04.2014 under Sections 279,304-A,427 IPC registered at P.S Sadar, Jalandhar along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioner.

April 01, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.04.08 09:33 I attest to the accuracy and integrity of this document