High Court of Punjab and HaryanaCRM-M/40711/2019allowed

Rajan Gandhi @ Raja And Another v. State Of Punjab And Others

2021-07-23Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-40711 of 2019 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-40711 of 2019 (O&M) Date of Decision: 23.07.2021 Rajan Gandhi @ Raja and Anr.

......Petitioners

Versus

State of Punjab and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Paras Talwar, Advocate for the petitioners. HARINDER SINGH SIDHU, J Crl.M.No.20579 of 2021 Prayer is for preponing the date of hearing.

Notice of the application.

Sh. Sukhbeer Singh, AAG, Punjab and Sh. Deepanshu Mehta, Advocate accepts notice on behalf of respondent-State of Punjab and respondent Nos.2 & 3 respectively.

Heard.

For the reasons recorded in the application, which is supported by an affidavit, the same is allowed and the matter is taken up for hearing today itself.

Main case Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.164 dated 21.11.2012 under Sections 308/34 IPC registered at P.S Makhu, District Ferozepur and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled in terms of compromise deed.

Vide order dated 01.10.2019, the parties were directed to appear before the trial Court/Area Magistrate on 29.10.2019 for getting their MANOJ KUMAR 2021.07.27 12:53 I attest to the accuracy and integrity of this document

CRM-M-40711 of 2019 (O&M) #2# statements recorded with regard to the compromise. A report dated 31.10.2019 of learned Sub Divisional Judicial Magistrate, Zira has been received. As per the report, the parties had appeared before learned Magistrate and got recorded their statements regarding compromise. Learned Magistrate has stated that he is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

In view thereof, the present petition is allowed. FIR No.164 dated 21.11.2012 under Sections 308/34 IPC registered at P.S Makhu, District Ferozepur along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners.

July 23, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.07.27 12:53 I attest to the accuracy and integrity of this document