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High Court of Punjab and HaryanaCRM-M/7073/2024allowed

Pargat Singh And Others v. State Of Punjab And Another

2024-02-29Mr. Justice Sanjiv Berry2 pages

  

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH   CRM-M-7073-2024 Date of decision: 29.02.2024  PARGAT SINGH AND OTHERS ....Petitioners  Versus STATE OF PUNJAB AND ANOTHER ....Respondents. CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present: - Ms.Meena, Advocate for the petitioners. Mr. Harpreet Singh, Addl. A.G., Punjab.    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/affidavit dated 15.01.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections  Police Station 101 27.06.2023 326, 324, 323, 506, 34 IPC Sirhali District Taran Taran   2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed/affidavit dated 15.01.2024 (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. Judicial Magistrate 1st Class, Taran Taran, vide report dated 22.02.2024, has apprised this Court Raman Kumar 2024.03.01 15:03 I attest to the accuracy and integrity of this document

2024:PHHC:028864 CRM-M-7073-2024 2  that the compromise arrived at between the parties is genuine and without any pressure. 3.

Respondent No. 2 is represented by his counsel and does not oppose the compromise.  4.

In view of the report of the Judicial Magistrate 1st Class, Taran Taran, 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 with 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. 101 dated 27.06.2023, under Sections 326, 324, 323, 506, 34 IPC, registered at Police Station Sirhali District Taran Taran, (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.  (SANJIV BERRY) JUDGE  29.02.2024   i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No Raman Kumar 2024.03.01 15:03 I attest to the accuracy and integrity of this document