Vijay Kumar And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:059630 CRM-M-48746-2023 Date of decision: May 1st, 2024 Vijay Kumar and others .....Petitioners

Versus

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

Present:

None for the petitioners.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. None for respondent No.2.

MANJARI NEHRU KAUL, J. (ORAL) Petitioners in the instant petition filed under Section 482 Cr.P.C. are seeking quashing of FIR No.194 dated 17.12.2022 under Sections 323, 325, 506, 148, 149 of the IPC registered at Police Station Sadar, District Hoshiarpur, along with all subsequent proceedings arising therefrom on the basis of compromise. 2.

Vide order dated 29.02.2024 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 01.04.2024 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned Additional Chief Judicial Magistrate, Hoshiarpur, 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 compromise has indeed been effected between the parties and the same PUNEET SACHDEVA 2024.05.01 14:34 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-48746-2023 -2is 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 Additional Chief Judicial Magistrate, Hoshiarpur, 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. May 1st, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.05.01 14:34 I attest to the accuracy and integrity of this document Chandigarh