Arashdeep Singh And ANR. v. State Of Punjab And Another

-1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision:- 09.05.2024 



 
 
....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

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

Mr. Nishant Sehgal, Advocate for Mr. K.S. Brar, Advocate for the petitioners.

Mr. Adesh Pal Singh, AAG Punjab.

Mr. Ankit Bhinchar, Advocate for Mr. Sarthak Jindal, 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 P1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 02.12.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 07.08.2023 452, 336, 427, 323, 34 IPC;

25 and 27 of the Arms Act, 1959;

(457, 307 IPC added and Section 452 IPC deleted later on) Goindwal Sahib, District Tarn Taran

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With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 02.12.2023 (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. The 





  vide report dated 07.03.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.25,000/- in compliance to the order dated 15.01.2024.

3.

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

4.

In view of the aforesaid report of the 

 , Khadur Sahib 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 petitioners/ accused persons.

5.

In the circumstances, the present petition is allowed. FIR No.328 dated 07.08.2023 under Sections 452, 336, 427, 323, 34 IPC; 25 and 27 of the Arms Act, 1959 (457, 307 IPC added and Section 452 IPC deleted later on) registered at Police Station Goindwal Sahib, District Tarn Taran

-3- (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 09.05.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No