Arjan Singh v. State Of Punjab And Another
CRM-M-8330-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-8330-2024 (O&M)
Reserved on: 14.05.2024
Pronounced on: 27.05.2024 Arjan Singh ... Petitioner(s)
Versus
State of Punjab & another
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Amandeep Soni, Advocate for the petitioner(s).
Mr. M.S. Bajwa, DAG, Punjab.
Mr. Ramesh Chand Sharma, Advocate for respondent no.2.
*** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 25.7.2023 Civil Lines, Police Commissionerate, Amritsar, District Amritsar 420, 467, 468, and 471 IPC The petitioner, arraigned as accused in the above captioned FIR, has 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 criminal proceedings, the accused and the complainant have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3.
After that, the petitioner came up before this Court to quash the FIR, impleading the complainant as respondent no.2.
4.
On 18.3.2024, the aggrieved person (R-2) appeared before the Chief Judicial Magistrate, Amritsar 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 6.4.2024, the parties consented to the quashing of FIR and consequent proceedings without any threat.
5.
I have heard counsel for the parties as well as perused the FIR (Annexure P-1). ASHWANI KUMAR 2024.05.27 16:32 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh
CRM-M-8330-2024 6.
A perusal of the FIR captioned above reveals that the allegations leveled by the complainant are regarding preparation of false documents and tampering in official record by the petitioner in connivance with officials of Sub Registrar, Amritsar-II. The FIR in question has been registered after due sanction from the competent authority i.e. Deputy Commissioner, Amritsar, when on a preliminary inquiry, the allegations leveled have been found to be true. The status of the complainant-respondent no.2 is just of an informant and he does not stand in the category of victim. As such, he has no authority to compromise. The competent person to compromise would be the concerned public servant and the petitioner is not the public servant. Moreover, the tampering was in official records and the complainant has no authority to compromise in the matter. Thus, the matter cannot be compromised. Accordingly, the present petition dismissed. All pending applications, if any stand closed.
(ANOOP CHITKARA) JUDGE May 27, 2024 AK Whether speaking/reasoned :
Yes Whether reportable :
No ASHWANI KUMAR 2024.05.27 16:32 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh