Gautam v. State Of Punjab And Others

2024:PHHC:021990 In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-51669-2022 (O&M) Date of Decision:- 15.02.2024 Gautam ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. R.K.Grewal, Advocate, for the petitioner. Mr. Sartaj Singh Gill, Sr. DAG, Punjab.

Ms. Gurkamal Kaur, Advocate, for respondents No.2 and 3. ***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioner-Gautam has approached this Court seeking quashing of FIR No.0029, dated 23.3.2022, Police Station Division-D, District Police Commissionerate, Amritsar, under Sections 342, 379, 427, 506, 148, 149 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

2.

Vide order dated 11.11.2022, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

3.

Report of learned Judicial Magistrate 1st Class, Amritsar, has been received, wherein it has been reported that the statements of petitioner/accused Gautam and complainant/injured Dinesh Kumar MOHAN SINGH 2024.02.16 04:16 I attest to the accuracy and integrity of this order/judgment

CRM-M-51669-2022 (O&M) - 2 - 2024:PHHC:021990 and Arun have been recorded to the effect that they have compromised the matter amongst themselves.

4.

The complainant/injured Dinesh Kumar and Arun in their statement had stated that they have no objection in case the FIR in question is quashed.

5.

The learned Judicial Magistrate 1st Class, Amritsar, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or 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.0029, dated 23.3.2022, Police Station Division-D, District Police Commissionerate, Amritsar, under Sections 342, 379, 427, 506, 148, 149 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.

15.02.2024 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.02.16 04:16 I attest to the accuracy and integrity of this order/judgment