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Punjab-Haryana High Court

Abdul Rahman @ A.R. Rahman & Anr vs State Of U.T. Chandigarh & Anr on 7 March, 2018

Author: Mahabir Singh Sindhu

Bench: Mahabir Singh Sindhu

CRM-M-1820-2018                                             -1-


           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH


                                   CRM-M-1820-2018
                                   Date of decision:- 07.03.2018

Abdul Rahman @ A.R. Rahman and another
                                                                   .....Petitioners

                                     Versus

State of U.T. Chandigarh and another
                                                               .....Respondents


CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU


Present:     Mr. Chandan Singh, Advocate, for the petitioners.

             Mr. J.S. Toor, APP, for U.T., Chandigarh
             for respondent No.1.

             Mr. Sukhbir Singh Hooda, Advocate, for respondent No.2.

                            ****

MAHABIR SINGH SINDHU, J. (ORAL)

Present petition is filed praying for quashing FIR No.196 dated 28.09.2017, under Sections 420 and 120-B IPC, registered at Police Station North, District Chandigarh, on the basis of compromise entered into between the parties.

2. It is contended by learned counsel for the petitioners that FIR against the co-accused of the petitioners has already been quashed by this Court, vide order dated 01.02.2018 passed in CRM-M-48880-2017 titled Balwinder Singh @ Ramesh and others Vs. State of U.T., Chandigarh and another.

3. Heard.

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4. Both the parties were directed by this Court vide order dated 01.02.2018 to appear before the learned trial Court/Illaqa Magistrate and get their statements recorded and in pursuance thereof, learned Civil Judge (Jr. Divn.)-cum-JMIC, Chandigarh, recorded the statements of both the parties and submitted a report dated 01.03.2018. A perusal of the report reveals that the compromise entered into between the parties is genuine, voluntarily, without any coercion or undue influence. Even as on today the parties are not disputing the factum of compromise arrived at between them.

5. No objection has been raised by the learned counsel for Union Territory, Chandigarh on a specific query put to him by the Court with regard to quashing of the FIR as well as all other consequential proceedings on the basis of the compromise effected between the parties in this case.

6. In view of the above, this Court is fully convinced that the offences are entirely personal in nature and did not affect any public peace or tranquility and thus quashing of FIR No.196 dated 28.09.2017 along with all consequential proceedings on the basis of compromise would bring peace and harmony to secure the ends of justice.

7. Accordingly, the impugned FIR and all consequential proceedings resulting therefrom, qua petitioners, are hereby quashed.

8. Petition is allowed.



                                       ( MAHABIR SINGH SINDHU)
March 07, 2018                                 JUDGE
naresh.k
                Whether reportable?              Yes
                Whether reasoned/speaking?       Yes



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