Jaspreet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1923-2023 (O&M)

Reserved on: 11.04.2023

Pronounced on: 24.04.2023 Jaspreet Singh & another ... Petitioner(s)

Versus

State of Punjab & another

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Rahul Garg, Advocate for Mr. Naveen Batra, Advocate for the petitioner(s).

Mr. IPS Sabharwal, DAG, Punjab.

None for respondent no.2.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 19.11.2022 Nurpur Bedi, District 341, 283, 506, 34 IPC and 25Rupnagar 27-30 Arms Act The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the same and all consequential proceedings based on the compromise with the aggrieved person. 2.

During the pendency of the investigation, 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 captioned above, impleading the aggrieved person as respondent no.2. 4.

This court had asked the parties to appear before the concerned court and had asked the said court to give its report as per the format. The report reads as follows:

Name of the reporting Court Criminal Case no.

before trial Court 1.

Names of the complainant/ victims(s)/ aggrieved persons(s) Surinder Pal Singh 2.

Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded 27.2.2023 3.

Has the identity of the complainant/ victims(s)/ aggrieved persons(s) been verified?

Yes 4.

Whether all the victims/ all the aggrieved persons have compromised the matter?

Yes 5.

Is there pressure, threat, or coercion upon the victim(s)/aggrieved person(s)/complainant?

No 6.

Names of the accused person(s) Jaspreet Singh and Jaskaran Singh 7.

Dates on which the statement(s) of the accused persons(s) recorded 27.2.2023 8.

Whether all the accused have compromised the matter? If no, then the names of the accused who have compromised.

Yes 9.

Whether proclamation proceedings are pending against any accused?

No 10.

Has the police report been filed or not?

No 11.

Notice of accusation /Charges have been framed or not?

No 12.

Sections of statutes invoked in the matter 341, 283, 506 and 34 IPC 13.

Whether the court is satisfied with the genuineness of the compromise?

Yes ANALYSIS & REASONING:

5.

However, a close scrutiny of the FIR reveals that the petitioners did not arraign Ajayvir Singh Lalpura, as a respondent in this case. He was accompanying the complainant in same vehicle and was given life threats by the petitioners. 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 the complainant/aggrieved person Ajayvir Singh Lalpura 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 April 24, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

No