Allowed

Abhimanyu Bawa and Another v. State of Punjab and Another

Punjab & Haryana HC21 Sept 2023CRM-M/26036/2023

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR and subsequent proceedings based on a verified compromise arrived at voluntarily by the parties without coercion.

What did the court decide?

FIR No.33 dated 16.04.2023 registered under Sections 323, 324 read with Section 34 IPC and all subsequent proceedings emanating therefrom stand quashed.

Abhimanyu Bawa and Another Vs State of Punjab and… — Cheque Dishonour | Punjab & Haryana HC (2023)

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2023:PHHC:124547

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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247 CRM-M-26036-2023 Date of decision: 21.09.2023 Abhimanyu Bawa and another ....Petitioners

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V/s

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State of Punjab and another

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....Respondents

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CORAM: HON'BLE MR. JUSTICE ARUN MONGA

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Present: Mr. Rajiv Joshi, Advocate for the petitioners.

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Mr. Madhur Sharma, AAG Punjab.

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Ms. Priyanka Negi, Advocate for respondent No.2

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ARUN MONGA, J. (Oral)

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Petitioners seek quashing of FIR No.33 dated 16.04.2023 (Annexure P-1), registered under Sections 323, 324 read with Section 34 IPC, at Police Station, PS Nurmehal, District Jalandhar and all subsequent proceedings arising therefrom, on the basis of compromise dated 06.05.2023 (Annexure P-2).

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Since quashing was sought on the basis of compromise, a coordinate Bench of this vide order dated 22.05.2023 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for.

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Report dated 15.06.2023 of learned Judicial Magistrate I^st Class, Phillaur, had been received. Report reveals that statements of complainant party i.e. respondent No.2 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondent No.2 and accused/petitioners herein, have arrived at a compromise voluntarily and without any coercion.

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AJAY KUMAR 2023.09.22 14:49 I attest to the accuracy and authenticity of this document High Court, Chandigarh

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2023:PHHC:124547

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Learned counsel for complainant/respondent No.2 states that she would have no objection to the quashing of FIR in question.

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This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled “ Ramgopal and anr. V. The State of Madhya Pradesh”¹ and a Full Bench decision of this Court in “ Kulwinder Singh and others V. State of Punjab and others² ” .

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In the premise, it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

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Petition is thus allowed. FIR No.33 dated 16.04.2023 (Annexure P- 1), registered under Sections 323, 324 read with Section 34 IPC, at Police Station, PS Nurmehal, District Jalandhar and all subsequent proceedings emanating there from stand quashed.

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