Menka And Others v. State Of Punjab And Another

-1CRM-M-41054-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41054-2024 Date of decision: 18.09.2024 Menka and others

...Petitioners

VERSUS

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Manoj Pundir, Advocate for the petitioners. Mr. Deepinder Brar, Sr. DAG, Punjab.

Mr.Vikramjeet Singh, 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.103 dated 31.03.2024 under Sections 406, 420, 120-B of IPC and under Section 13 of Punjab Travel Professional (Regulations), Act, 2014 registered at Police Station Sohana, District SAS Nagar, Mohali (Anneuxre P-1), alongwith all the consequential proceedings arising therefrom on the basis of compromise (Annexure P-2).

2.

Vide order dated 23.08.2024 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 (Annexure P-2).

3.

Pursuant to aforesaid order, the parties have appeared before the Judicial Magistrate First Class, SAS Nagar and got their statements recorded. Report dated 16.09.2024 has been received whereby after recording the 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. Raman Kumar 2024.09.18 16:38 I attest to the accuracy and integrity of this document

-2CRM-M-41054-2024 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.103 dated 31.03.2024 under Sections 406, 420, 120-B of IPC and under Section 13 of Punjab Travel Professional (Regulations), Act, 2014 registered at Police Station Sohana, District SAS Nagar, Mohali (Anneuxre P-1), alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (N. S. SHEKHAWAT) 18.09.2024 JUDGE raman Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Raman Kumar 2024.09.18 16:38 I attest to the accuracy and integrity of this document