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High Court of Punjab and HaryanaCRM-M/350/2023allowed

Dalip Kumar And Others v. State Of Punjab And Another

2024-04-05Mr. Justice Sanjiv Berry2 pages

N.C. No.2024:PHHC:046546

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-350-2023 (O&M) Date of decision: 05.04.2024    

  ....Petitioner(s)

Versus

     



...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Nakul Sharma, Advocate for the petitioners. Ms. Sakshi Bakshi, AAG Punjab.

Mr. Manan Khetarpal, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 23.12.2022 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 01.11.2019 420, 465, 467, 468, 471 and 120-B IPC Bahawala, District Fazilka 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 23.12.2022 (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 report with respect to genuineness of the compromise arrived at between the parties. 3.

Vide order dated 11.03.2024, this Court had quashed the present FIR qua petitioner Nos.2 to 5 and the matter was adjourned to await the report of the SANDAL SHARMA 2024.04.05 17:51 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:046546 CRM-M-350-2023 (O&M) -2trial Court as the statement of petitioner No.1 was not recorded. 4.

The learned  



   !"# vide report dated 01.04.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

5.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

6.

In view of the aforesaid report of the learned  



 

, Abohar 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 petitioner/accused person. $% & #  ' &   # (

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 "&") % FIR No.151 dated 01.11.2019 under Sections 420, 465, 467, 468, 471 and 120-B of IPC registered at Police Station Bahawala, District Fazilka *&& +

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 "& &(" "0% (SANJIV BERRY) JUDGE  S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.04.05 17:51 I attest to the accuracy and authenticity of this order/judgment