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High Court of Punjab and HaryanaCRM-M/625/2021dismissed

Shinder Ram And ORS v. State Of Punjab And ANR

2022-09-06Mr. Justice Anoop Chitkara2 pages

CRM-M No. 625 of 2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 625 of 2021 Reserved on 01.08.2022 Pronounced on: 06.09.2022 Shinder Ram and others ......Petitioners Vs.

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Harinder Singh Gill, Advocate for the petitioners. Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

Ms. Mandeep Kaur, Advocate for respondent No.2. *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 27.07.2020 Amloh, District Fatehgarh 324, 323, 341, 506, 148, 149 IPC Sahib The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person. 2.

During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2. 3.

After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent. 4.

On 19.3.2021, the aggrieved person Balvir Ram (R-2) stated before the JMIC, Amloh and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 23.3.2021, the the aggrieved person Balvir and petitioners consented to the quashing of FIR and consequent proceedings without any threat.

SONIA ARORA 2022.09.06 16:29 I attest to the accuracy and integrity of this document

CRM-M No. 625 of 2022 --2-- ANALYSIS & REASONING:

5.

Although the statement of the complainant was recorded, the petitioners did not arraign rest of the victims ( Raj Kumar , Aman Kaur , Gian Chand) as respondents in this case. 6.

Since all the victims did not state about their no objection to the compromise and also the reasons which led to the compromise, as such this court cannot proceed further in this matter.

7.

Given above, the petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition and there would be no necessity re-examine Balvir Ram and the accused, whose statements stand recorded. The copies of the statements alongwith report would suffice.

Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE 06.09.2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.09.06 16:29 I attest to the accuracy and integrity of this document