Punjab-Haryana High Court
Vikrant vs State Of Punjab And Another on 4 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:045897
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-47290-2023 (O&M)
Date of Decision:- 04.04.2024
Vikrant ... Petitioner
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Rupender Singh Rana, Advocate, for the petitioner.
Mr. Vishvajeet Singh Virk, DAG, Punjab.
Mr. Rahul Verma, Advocate, for respondent No.2.
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GURVINDER SINGH GILL, J. (Oral)
1. Petitioner-Vikrant has approached this Court seeking quashing of FIR No.0256, dated 04.09.2022, Police Station City Kharar, District SAS Nagar (Mohali), under Sections 323, 324, 342, 506, 34 IPC, and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.
2. Short reply by way of affidavit of Mr. Karan Singh Sandhu, Deputy Superintendent of Police, Sub-Division Kharar-1, District SAS Nagar has been filed. The same is taken on record. A copy of the short reply has been furnished to learned counsel opposite.
3. Vide order dated 19.09.2023, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.
MOHAN SINGH 2024.04.04 04:38 I attest to the accuracy and integrity of this order/judgment CRM-M-47290-2023 (O&M) -2- 2024:PHHC:045897
4. Report of learned Judicial Magistrate 1st Class, Kharar, has been received, wherein it has been reported that the statement of petitioner/accused Vikrant and complainant Mandeep Singh have been recorded to the effect that they have compromised the matter amongst themselves.
5. The complainant Mandeep Singh in his statement had stated that he has no objection in case the FIR in question is quashed.
6. The learned Judicial Magistrate 1st Class, Kharar, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.
7. 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.0256, dated 04.09.2022, Police Station City Kharar, District SAS Nagar (Mohali), under Sections 323, 324, 342, 506, 34 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioner.
04.04.2024 (GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
MOHAN SINGH
2024.04.04 04:38
I attest to the accuracy and
integrity of this order/judgment