Bikram@Vicky And ANR v. State Of Punjab And Others

CRM-M-4923 of 2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-4923 of 2019 Date of decision: 09.08.2019 Bikram @ Vicky and others .. Petitioners

Versus

State of Punjab and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

None.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.44 dated 24.02.2018 (Annexure P-1), registered for offences punishable under Sections 324, 323 read with Section 34 of Indian Penal Code (for short 'IPC') at Police Station City Kapurthala, District Kapurthala, along with all consequential proceedings arising therefrom, on the basis of compromise dated 13.01.2019 (Annexure P-2).

As per case of the prosecution, the occurrence took place on 01.02.2018 at about 08.30 p.m. in the area of Sheikhupur, Old Colony, Police Station City Kapurthala. As per allegations in the FIR, respondents no. 2, 3 and 5 were caused injuries by petitioners, who threw bricks towards them.

The matter is stated to have been settled vide compromise, copy of which has been placed on file as Annexure P-2. In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated JITENDER KUMAR 2019.08.09 14:12 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-4923 of 2019 -228.03.2019 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine, voluntary in nature and without any threat, coercion or pressure. Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR No.44 dated 24.02.2018 (Annexure P-1), registered for offences punishable under Sections 324, 323 read with Section 34 'IPC' at Police Station City Kapurthala, District Kapurthala, along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

August 09, 2019 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2019.08.09 14:12 I attest to the accuracy and integrity of this document Chandigarh