High Court of Punjab and HaryanaCRM-M/39289/2024allowed

Ashish Ahuja v. State Of Punjab And Another

2024-12-05Mr. Justice N.S. Shekhawat2 pages

CRM-M-39289-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-39289-2024 Date of decision: 05.12.2024 ASHISH AHUJA

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. A. S. Nirmaan, Advocate for the petitioner(s).

Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr. Satnam Singh, Advocate for Mr. Mohan Singh Chauhan, Advocate for respondent No.2.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. is for quashing of FIR No.92 dated 22.04.2024 under Sections 279/337/338/427 of IPC, 1860 registered at Police Station Mataur, District SAS Nagar, Punjab (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 20.07.2024 (Annexure P-2) arrived at between the parties.

Vide order dated 13.08.2024 while issuing notice of motion, by a Co-ordinate Bench of 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 20.07.2024 (Annexure P-2). Pursuant to aforesaid order, the parties have appeared before the Additional Chief Judicial Magistrate-cum-Civil Judge (Senior Division), SAS Nagar, Mohali and got their statements recorded. Report dated 02.12.2024 has been received whereby after recording the statements of the parties, the Court MAMTA 2024.12.10 10:38 I attest to the accuracy and integrity of this order/judgment

CRM-M-39289-2024 below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

I have heard counsel for the parties and gone through the case file. 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 petitioner(s).

Resultantly, FIR No.92 dated 22.04.2024 under Sections 279/337/338/427 of IPC, 1860 registered at Police Station Mataur, District SAS Nagar, Punjab (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s). (N. S. SHEKHAWAT) 05.12.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.12.10 10:38 I attest to the accuracy and integrity of this order/judgment