Pushaan Grover v. State Of Ut Chandigarh And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-50899-2019 (O&M) Date of Decision:-10.3.2021 Pushaan Grover ... Petitioner

Versus

State of U.T., Chandigarh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Mandeep Singh, Advocate for the petitioner. Mr. Shashank Bhandari, APP, U.T., Chandigarh for Mr. Amit Kumar Goyal, APP, U.T., Chandigarh.

Mr. Abhishek Kumar, Advocate for Mr. Dinesh Kumar, Advocate for respondent No.2/complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioner has approached this Court seeking quashing of FIR No.149 dated 26.7.2019 registered at Police Station Sector-11, Chandigarh under Sections 279, 337 and 338 of Indian Penal Code and all subsequent proceedings emanating therefrom on the basis of a compromise effected between the parties.

2.

Vide order dated 20.12.2019, the parties had been directed to appear before the Trial Court so as to get their statements recorded qua the factum of compromise.

PANKAJ KAKKAR 2021.03.10 18:49 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-50899-2019 (O&M) 3.

Report of learned Judicial Magistrate 1st Class, Chandigarh has been received, wherein it has been reported that the statements of petitioner/accused Pushaan Grover and also of respondent No.2/complainant Hari Om have been recorded to the effect that they have compromised the matter amongst themselves.

4.

Respondent No.2/complainant Hari Om in his statement has stated that he has no objection in case the FIR in question is quashed. 5.

The learned Judicial Magistrate 1st Class, Chandigarh 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.149 dated 26.7.2019 registered at Police Station Sector-11, Chandigarh under Sections 279, 337 and 338 of Indian Penal Code and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner. 10.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.03.10 18:49 I attest to the accuracy and integrity of this document