Gautam Singh And ANR. v. State Of Punjab And ORS.

CRM-M-61633-2023 -12024:PHHC:002164

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-61633-2023 Date of decision: 09.01.2024 GAUTAM SINGH AND ANR.

...Petitioners

VERSUS

STATE OF PUNJAB AND ORS.

...Respondents

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Ketan Chopra, Advocate for Mr. Vishal Munjal, Advocate for the petitioner.

Mr. Digvijay Nagpal, AAG, Punjab.

Mr. Sunil Agnihotri, Advocate for respondents No.2 and 3.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. for quashing of an FIR No. 0086 dated 26.10.2023 under Sections 279, 337, 338, 427 of Indian Penal Code, 1860 registered at Police Station Shahpur Kandi, District Pathankot (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 29.11.2023 (Annexure P-2). Vide order dated 07.12.2023 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 29.11.2023 (Annexure P-2).

Pursuant to aforesaid order, the parties have appeared before the learned Chief Judicial Magistrate, Pathankot and got their statements recorded. Report dated 02.01.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file.

CRM-M-61633-2023 -22024:PHHC:002164 In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.

Resultantly, FIR No. 0086 dated 26.10.2023 under Sections 279, 337, 338, 427 of Indian Penal Code, 1860 registered at Police Station Shahpur Kandi, District Pathankot (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (N. S. SHEKHAWAT) 09.01.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No