High Court of Punjab and HaryanaCRM-M/41304/2024allowed

Vivek Khajuria Alias Bau And Others v. State Of Punjab And Another

2024-11-18Mr. Justice N.S. Shekhawat3 pages

CRM-M-41304-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41304-2024 Date of decision: 18.11.2024 VIVEK KHAJURIA ALIAS BAU AND OTHERS

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Naresh Kumar, Advocate for Mr. Krishan Singh Dadwal, Advocate for the petitioner(s).

Mr. M. S. Bajwa, DAG, Punjab.

Mr. Sandeep Sharma, Advocate for respondent No.2.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanita, 2023 for quashing of FIR No. 88 dated 24.06.2024 registered under Sections 307, 34 of IPC and Sections 25-27-54-59 of Arms Act, (Annexure P-1) as well as GD No.18 dated 25.06.2024, whereby Section 212 of IPC was added (Annexxure P-2), at Police Station Ranjit Avenue, Police Commissionerate, Amritsar and all subsequent proceedings arising therefrom on the basis of compromise dated 23.07.2024 (Annexure P-3). Vide order dated 14.10.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial

CRM-M-41304-2024 Magistrate for getting their statements recorded with respect to the compromise dated 23.07.2024 (Annexure P-3).

Pursuant to aforesaid order, the parties have appeared before the 13.11.2024 and got their statements recorded. Report dated Chief Judicial Magistrate, Amritsar 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. 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. 88 dated 24.06.2024 registered under Sections 307, 34 of IPC and Sections 25-27-54-59 of Arms Act, (Annexure P-1) as well as GD No.18 dated 25.06.2024, whereby Section 212 of IPC was added (Annexxure P-2) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

(N. S. SHEKHAWAT) 18.11.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No

CRM-M-41304-2024 Whether reportable :

Yes/No