High Court of Punjab and HaryanaCRM-M/49126/2019disposed of

Rakesh Kumar v. State Of Punjab And Another

2021-11-15Mr. Justice Ashok Kumar Verma3 pages

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 15.11.2021 Rakesh Kumar .... Petitioner

Versus

State of Punjab and another .... Respondents CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Vinod Kumar, Advocate, for the petitioner.

Mr. C.L. Pawar, Sr. Deputy Advocate General, Punjab. Mr. Davinder Singh Dadwal, Advocate, for respondent No.2.

ASHOK KUMAR VERMA, J. (ORAL) CRM-37937 of 2021 Through this application prayer has been made for preponing the date of hearing of the main case, which is 06.01.2022 in view of compromise between the parties.

Notice of the application to the counsel opposite. Mr. C.L. Pawar, Sr. Deputy Advocate General, Punjab, and Mr. Davinder Singh Dadwal, Advocate, accept notice on behalf of respondents No.1 and 2, respectively, and state that they have no objection if the date of hearing of the main case is preponed. In view of above, date of hearing of main case is preponed

-2from 06.01.2022 and the same is taken up for final disposal today itself. CRM stands disposed of.

CRM-M-49126 of 2019 Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.69 dated 31.05.2019 registered under Sections 279/337/338/427 IPC at Police Station Dasuya, District Hoshiarpur, and all the subsequent proceedings arising therefrom, on the basis of compromise dated 07.06.2019 (Annexure P-2), effected in between the parties.

Pursuant to orders dated 19.11.2019, of this Court, the parties appeared before the Sub Divisional Judicial Magistrate, Dasuya, on 17.12.2019 to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Dasuya, submitted her report along with copies of statements of the parties vide letter No.41 dated 14.01.2020, duly forwarded by the learned District and Sessions Judge, Hoshiarpur, vide letter No.2085 dated 17.01.2020.

According to the report, learned Sub Divisional Judicial Magistrate, Dasuya, is satisfied that compromise has been effected between the parties voluntarily and without any pressure and coercion. There is only one accused and no accused person has been declared as proclaimed offender by the Court.

Considering the report of Sub Divisional Judicial Magistrate, Dasuya, and the fact that the compromise will bring peace and harmony between the parties, aforesaid FIR No.69 dated 31.05.2019 and all

-3subsequent proceedings arising therefrom, are quashed, qua the petitioner only.

Disposed of accordingly.

November 15, 2021 (ASHOK KUMAR VERMA) R.S.

JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No