Gourav @ Gorav Kumar v. State Of Punjab And Others

CRM-M-42570-2022 2023:PHHC:093826

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-42570-2022 (O&M) Date of decision: 24.07.2023 Gourav @ Gorav Kumar

...Petitioner

Versus

The State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Vipul Aggarwal, Advocate, For the petitioner.

Mr. Virat Rana, AAG, Punjab.

Mr. Pardeep Rajput, Advocate, For respondents No.2 to 4.

ARUN MONGA, J. (ORAL) The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') seeking quashing of FIR No.94 dated 09.10.2019 (Annexure P-1), registered under Sections 323, 457, 380, 427, 506, 148 read with Section 149 of the Indian Penal Code, 1860 (for short 'IPC'), at Police Station Division D, District Police Commissionerate Amritsar and subsequent proceedings thereto, on the basis of compromise in the form of affidavit dated 08.09.2022 (Annexure P-2) which is stated to have been entered into between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 16.09.2022 had directed the parties to appear before the Illaqa Magistrate concerned for recording of their statements in support of the compromise. A veracity report was also called for.

3.

Placed on record is a report dated 13.02.2023 of learned Judicial Magistrate 1st Class, Amritsar and a perusal of the same would reveal that the statements of the complainant/respondents No.2 to 4 as also of the accused/ present petitioners herein have been duly recorded and it has been opined that a compromise has been arrived and is authentic, genuine, voluntary and out of SHALINI BHATIA 2023.08.10 11:15 I attest to the accuracy and integrity of this order/ judgment

CRM-M-42570-2022 2023:PHHC:093826 free will of the parties. The report is accompanied by the statements of the parties which were duly recorded.

4.

Learned counsel appearing on behalf of respondents No.2 to 4 also makes a statement that the compromise having been effected, he would have no objection to the quashing of the FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1 and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 6.

Adverting back to the facts of the present case, it is apparent that the complainant/respondent and accused/petitioners are known to each other and compromise has been arrived at between the parties voluntary and without any coercion.

7.

In the considered view of this Court, it would be an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of the impugned FIR. 8.

For the reasons recorded above, the present petition is allowed. FIR No.94 dated 09.10.2019 (Annexure P-1), registered under Sections 323, 457, 380, 427, 506, 148 read with Section 149 of the Indian Penal Code, 1860 (for short 'IPC'), at Police Station Division D, District Police Commissionerate Amritsar and all proceedings emanating therefrom qua the petitioners stand quashed.

9.

Pending application(s), if any, shall also stand disposed of. JULY 24, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.08.10 11:15 I attest to the accuracy and integrity of this order/ judgment