Himanshu Gupta v. State Of Punjab And Another

CRM-M-49383-2022 2023:PHHC:086304

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-49383-2022 (O&M) DATE OF DECISION : 05.07.2023 Himanshu Gupta

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. R. K. Girdhar, Advocate, For the petitioner.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Piyush Setia, Advocate, For respondent No.2.

ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.250 dated 20.09.2022 (Annexure P-1) registered under Sections 186, 353, 506, 427 IPC, at Police Station Malout, District Sri Muktsar Sahib, on the basis of compromise dated 07.10.2022 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 22.03.2023 had directed the parties to appear before the Illaqua Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 04.05.2023 of learned Sub Divisional Judicial Magistrate, Malout, had been received. Report reveals that statements of complainant party i.e. respondent No.2 as also of accused/present petitioner herein, were duly recorded. It is opined that a compromise has SHALINI BHATIA 2023.07.12 18:57 I attest to the accuracy and integrity of this order/ judgment

CRM-M-49383-2022 2023:PHHC:086304 been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2 and accused/petitioner have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel for complainant/respondent No.2 states that he would have no objection to the quashing of FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1 and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.250 dated 20.09.2022 (Annexure P-1) registered under Sections 186, 353, 506, 427 IPC, at Police Station Malout, District Sri Muktsar Sahib and all proceedings emanating there from qua the petitioners stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. JULY 05, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 SHALINI BHATIA 2023.07.12 18:57 I attest to the accuracy and integrity of this order/ judgment