Vikram Padam And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

2024:PHHC:004705
CRM-M-49809-2023
Date of decision: January 15, 2024
VIKRAM PADAM AND ANOTHER
.....Petitioners
Versus
STATE OF PUNJAB AND OTHERS
.....Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Suram Singh Rana, Advocate
for the petitioners.
Mr. A.P.S. Tung, Deputy Advocate General, Punjab.
Mr. Gursher Singh Dhillon, Advocate
for respondents No.2 to 9.


MANJARI NEHRU KAUL, J. (ORAL)

1.

The instant petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.484 dated 18.11.2022 under Sections 406, 420, 465, 476, 468, 471 and 120-B of the Indian Penal Code, 1860 (Annexure P-1) registered at Police Station Sohana, District SAS Nagar, along with all consequential proceedings arising therefrom on the basis of the compromise dated 08.07.2023 (Annexure P-2) effected between the parties.
2.

Vide order dated 14.11.2023 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their statements recorded regarding the compromise arrived at, between them.
3.

Report has since been received from learned Judicial Magistrate Ist Class, SAS Nagar, in pursuance of the direction 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 Jaspreet Kaur 2024.01.16 14:08 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-49809-2023 -2parties and the same is 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 photocopies of the statements of the parties, alongwith its report.
5.

Learned State counsel too submits that there are no other accused other than the petitioners and respondents No.2 to 9 are the only aggrieved persons in the FIR in question.
6.

In view of the report of the learned Judicial Magistrate Ist Class, SAS Nagar, 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 qua the petitioners, are quashed.
7.

Needless to say, the parties shall remain bound by the terms of compromise and their statements recorded before the trial Court below.
January 15, 2024 (MANJARI NEHRU KAUL)
Jaspreet Kaur JUDGE
Whether speaking/reasoned :

Yes/No
Whether reportable :

Yes/No


Jaspreet Kaur 2024.01.16 14:08 I attest to the accuracy and integrity of this document Chandigarh