Vinod Kumar And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:144091 CRM-M-45272-2023 Date of decision: November 14th, 2023 Vinod Kumar and another .....Petitioners

Versus

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

Present:

Mr. Vaibhav Nagori, Advocate for Mr. Neeraj Madaan, Advocate for the petitioners.

Ms. Kanica Sachdeva, Assistant Advocate General, Punjab for respondent No.1-State.

None for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing of FIR No.63 dated 19.05.2023 under Section 420 of the IPC registered at Police Station Sadar Jalalabad, District Fazilka, along with all consequential proceedings arising therefrom on the basis of compromise dated 23.06.2023 (Annexure P-2).

2.

Vide order dated 12.09.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 12.10.2023 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Judicial Magistrate Ist Class, Jalalabad, in pursuance of the directions of this Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report PUNEET SACHDEVA 2023.11.14 16:28 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-45272-2023 -2compromise 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 Judicial Magistrate Ist Class, Jalalabad, 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. November 14th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.11.14 16:28 I attest to the accuracy and integrity of this document.

Chandigarh