Rajat v. State Of Ut Chandigarh And ANR.

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-52404-2021 (O&M) Date of Decision:-14.12.2022 Rajat ... Petitioner

Versus

State of U.T., Chandigarh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Anil K. Ahluwalia, Advocate for the petitioner. Mr. Rajiv Vij, Addl.P.P., U.T., Chandigarh.

None for respondent No.2.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks quashing of FIR No.129, dated 10.3.2016, Police Station Sector-17, Chandigarh, under Sections 324, 326, 34 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties. 2.

Vide order dated 15.12.2021, the parties had been directed to appear before the Illaqa Magistrate/Trial Court so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Chandigarh has been received, wherein it has been reported that statements of petitioner/accused Rajat son of Gulshan Kumar resident of House No.2012, Dadu Majra Colony, Dadu Majra, Chandigarh and also of respondent No.2/complainant namely Rajat son of Gulshan Kumar resident of House No.721/37, Transit PANKAJ KAKKAR 2022.12.14 16:49 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-52404-2021 (O&M) House, Block 721, Bapu Dham Colony, Sector 26, Chandigarh have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2/complainant namely Rajat in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

Learned Judicial Magistrate 1st Class, Chandigarh has specifically opined that the parties have entered into compromise voluntarily and without any undue influence.

6.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.129, dated 10.3.2016, Police Station Sector-17, Chandigarh, under Sections 324, 326, 34 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 14.12.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2022.12.14 16:49 I attest to the accuracy and authenticity of this document