High Court of Punjab and HaryanaCRM-M/41828/2019disposed of

Bittu @ Sukhdarshan Singh And Others v. State Of Punjab And Others

2019-12-13Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-41828 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41828 of 2019 Date of decision: 13.12.2019 Bittu @ Sukhdarash Singh and Ors.

....Petitioners

Versus

State of Punjab and Ors.

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

Present:

Mr. Neeraj Jain, Advocate for the petitioners. Ms. Monika Jalota, DAG, Punjab.

Ms. Komal Bawa, Advocate for Mr. Prince Goyal, Advocate for respondent Nos.2 to 6. HARINDER SINGH SIDHU, J.

Petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.60 dated 23.3.2019 under Sections 379,323,324,452,427,148,149 IPC registered at P.S Kharar, District SAS Nagar Mohali and all other consequential proceedings arising out of the said FIR, as the matter stands amicably settled between the parties in terms of compromise (P.2).

Notice of motion was issued. Learned State counsel as well as learned counsel for respondent Nos.2 to 6 appeared. I have heard learned counsel for the parties and gone through the record.

Vide order dated 27.09.2019, the parties were directed to appear before the trial Court on 04.11.2019 for getting their statements recorded with regard to the compromise.

MANOJ KUMAR 2019.12.16 14:31 I attest to the accuracy and integrity of this document

CRM-M-41828 of 2019 #2# A report dated 26.11.2019 of learned JMIC, Kharar, has been received. As per the report, the parties had appeared before learned JMIC, Kharar and got recorded their statements regarding compromise. Learned Magistrate has stated that she is of the considered view that the compromise between the parties is valid, genuine, voluntary and without any coercion or undue influence.

Keeping in view the above facts, I am of the considered opinion that it is a fit case in which the impugned FIR is liable to be quashed. Therefore, the present petition is allowed. FIR No.60 dated 23.3.2019 under Sections 379,323,324,452,427,148,149 IPC registered at P.S Kharar, District SAS Nagar Mohali along with all subsequent proceedings arising therefrom, are hereby quashed qua the petitioners. December 13, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2019.12.16 14:31 I attest to the accuracy and integrity of this document