Nikhil Thakur vs State Of Punjab And Another
2023 Latest Caselaw 11692 P&H

                                                     Neutral Citation No:=2023:PHHC:099275




                                                            2023:PHHC:099275
CRM-M-22950-2023                           -1-

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

(280)
                                                         CRM-M-22950-2023
                                                 Date of Decision:- 02.08.2023

Nikhil Thakur                                         ...Petitioner
                                    VERSUS
State of Punjab and another                           ...Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL


Present:- Mr. Sunil Agnihotri, Advocate
          for the petitioner.

           Mr. Kunwarbir Singh, AAG, Punjab
           for State-respondent No.1.

           Mr. C.S.Singhal, Advocate for
           Mr. Vishal Munjal, Advocate
           for the respondent No.2.

                     ****

SUVIR SEHGAL, J. (Oral)

1. Instant petition has been filed under Section 482 of the Code of

Criminal Procedure, 1973 for quashing of FIR No.0030 dated 21.04.2023,

registered for offences under Sections 384, 506 and 427 of the Indian Penal

Code, 1860, at Police Station Gardhiwala, District Hoshiarpur, Annexure

P-1, along with all subsequent proceedings arising therefrom, on the basis

of compromise dated 29.04.2023, Annexure P-2, arrived at between the

parties.

2. Pursuant to order dated 08.05.2023 passed by this Court, report

has been received from the Trial Court, relevant extract of which is as

under:-

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" It is respectfully submitted that as per the

directions of Hon'ble Punjab & Haryana High Court, I have

recorded the statement of parties on 29.05.2023 in FIR No.

30 dated 21.04.2023 registered under Section 384, 506, 427

of IPC, PS Gardhiwala, District Hoshiarpur. Statement of

investigating officer is also recorded on 01.07.2023. Both

the parties in their respective statements have stated that

matter has been mutually compromised between the parties

and now no grudge or enmity remains between the parties. I

have inquired the factum of compromise from the parties

present in the Court who endorsed the fact of effecting of

compromise between them with their free volition. It has also

been verified from the investigating officer that the

complainant or the accused are not involved in any other

criminal case and they have also not been declared

proclaimed person in any other criminal case. Nikhil Thakur

is the only accused arraigned in the present FIR and there is

no other accused. From the statements of the parties as well

as the other circumstance, it seems that the compromise has

been effected between the parties with their free consent and

without any inducement or threat of any person."

3. Counsel representing respondent No.2 does not have any

objection in case the compromise is given effect to.

4. Heard counsel for the parties.

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5. Dispute has been amicably resolved amongst the parties with the

intervention of the respectables by virtue of compromise, Annexure P-2.

6. In view of the report given by the Trial Court and the judgment of

the Supreme Court in Gian Singh Versus State of Punjab and another,

2012(4) RCR (Criminal) 543 and a Full Bench of this Court in Kulwinder

Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this

Court is of the view that keeping the criminal proceedings alive would not

serve any purpose and setting them aside would enable the parties to lead a

harmonious and peaceful life.

7. Accordingly, the petition is allowed. FIR No.0030 dated

21.04.2023, registered for offences under Sections 384, 506 and 427 of the

Indian Penal Code, 1860, at Police Station Gardhiwala, District Hoshiarpur,

Annexure P-1, along with all subsequent proceedings arising therefrom, are

quashed qua the petitioner.

                                          (SUVIR SEHGAL)
                                              JUDGE
02.08.2023
Kamal


        Whether Speaking/Reasoned                   Yes/No
        Whether Reportable                          Yes/No

Neutral Citation No:=2023:PHHC:099275

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