Vanit Kumar And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:136602 CRM-M-42586-2023 Date of decision: October 19th, 2023 Vanit Kumar and others .....Petitioners

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Bhavesh Aggarwal, Advocate for the petitioners.

Mr. Mohit Kapoor, Additional Advocate General, Punjab, for respondent No.1-State.

Mr. Vivek Singla, Advocate for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) The instant petition is for quashing of FIR No.112 dated 30.10.2019 under Sections 323, 324 and 34 of the Indian Penal Code, 1860 (Section 326 of the IPC added subsequently), registered at Police Station Kalanaur, District Gurdaspur, and all consequential proceedings arising out of the same, on the basis of compromise dated 05.12.2019 (Annexure P-2) arrived at, between the parties. 2.

Vide order dated 29.08.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 14.09.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned JMIC, Gurdaspur, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands PUNEET SACHDEVA 2023.10.19 18:21 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-42586-2023 -2verified and confirmed. As per 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 and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the statements of the parties in original along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question.

6.

In view of the report of the learned JMIC, Gurdaspur, 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.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. October 19th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.10.19 18:21 I attest to the accuracy and integrity of this document.

Chandigarh