High Court of Punjab and HaryanaCRM-M/47320/2019allowed

Satish Kumar v. State Of Punjab And Another

2020-02-28Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-47320-2019 (O&M) Date of Decision:-28.2.2020 Satish Kumar ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Neeraj Yadav, Advocate for the petitioner. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by HC Bharat Bhushan.

Mr. Arshdeep Singh, Advocate for Mr. Rahul Verma, Advocate for respondent No.2. ***** GURVINDER SINGH GILL, J .(Oral) The petitioner has approached this Court seeking quashing of FIR No.152 dated 25.7.2018 registered at Police Station Sadar, Amritsar under Sections 323, 324 and 326 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Vide order dated 6.11.2019, the parties had been directed to appear before the Trial Court so as to get their statements recorded qua the factum of compromise.

Report of learned Additional Chief Judicial Magistrate, Amritsar has been received, wherein it has been reported that statements of petitioner/accused Satish Kumar and also of complainant Vandna have been PANKAJ KAKKAR 2020.02.28 16:09 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-47320-2019 (O&M) recorded to the effect that they have compromised the matter amongst themselves.

The complainant Vandna in her statement has stated that she has no objection in case the FIR in question is quashed. The learned Additional Chief Judicial Magistrate, Amritsar has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence. 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.152 dated 25.7.2018 registered at Police Station Sadar, Amritsar under Sections 323, 324 and 326 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.

28.2.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2020.02.28 16:09 I attest to the accuracy and integrity of this document