Munish Arora v. State Of Punjab And Another
CRM-M-63143-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-63143-2024 (O&M) Date of Decision:- 18.02.2025 ....Petitioner(s)
Versus
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mr. Avtar Singh Khinda, Advocate for the petitioner. Mr. Rajinder Singh Bhatta, DAG Punjab.
Ms. Navjot Kaur, Advocate for respondent No.2. ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner seeks quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 03.12.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.
Dated Sections Police Station 24.09.2024 420 IPC Sadar Kapurthala, District Kapurthala 2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 03.12.2024 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to SANDAL SHARMA 2025.02.21 10:45 I attest to the accuracy and authenticity of this order/judgment
CRM-M-63143-2024 (O&M) -2- report with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate 1st Class, Kapurthala vide report dated 16.01.2025 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioner has also deposited the cost of Rs.10,000/- in compliance to the order dated 16.12.2024.
3.
Respondent No. 2 is represented by his counsel and does not oppose the compromise.
4.
In view of the aforesaid report of the Judicial Magistrate 1st Class, Kapurthala and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.
In the circumstances, the present petition is allowed. FIR No.134 dated 24.09.2024, under Section 420 of IPC registered at Police Station Sadar Kapurthala, District Kapurthala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner. (SANJIV BERRY) JUDGE 18.02.2025 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No SANDAL SHARMA 2025.02.21 10:45 I attest to the accuracy and authenticity of this order/judgment