Chhinder Singh And ORS v. State Of Punjab And Others
CRM-M No.7967 of 2020
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M No.7967 of 2020 Reserved on : 09.02.2022 Pronounced on: 17.02.2022 Chhinder Singh and others ......Petitioner(s) Vs.
State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Aman Dhir, Advocate For the petitioners.
Mr. H.S. Sitta, AAG, Punjab.
Mr. Lalit Goyal, Advocate for respondents No.2 & 3. *** ANOOP CHITKARA J.
FIR No.
Dated Police Station Sections 15.01.2017 Kotbhai, District Sri Muktsar Sahib 353, 186, 332, 148, 149, 506 & 294 IPC The petitioner(s), arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the victim(s).
2.
The gist of the allegations against the petitioner(s) is that the complainant (respondent No.2) made a statement before the police and based on such statement, the police registered the FIR captioned above. Needless to mention all the details and it is sufficient to say that the parties have entered into a compromise.
3.
During the pendency of the petition, the accused and the injured have compromised the matter, and its copy is annexed with this petition as Annexure P-2. After that, the petitioner(s) came up before this Court to quash the FIR, and in the quashing petition, the injured have been impleaded as respondent(s).
4.
On the prayer of the parties in the present petition, the Court had permitted the parties to appear before the concerned Court to record their statements. As per the concerned Court's report, the complainant (respondents No.2 & 3) did not appear for recording their ANJU RANI 2022.02.17 12:17 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH
CRM-M No.7967 of 2020 statements.
ANALYSIS & REASONING:
5.
As per the report of the concerned Judicial Magistrate, the complainant(respondents No.2 & 3) did not appear and as such the veracity of compromise could not be ascertained. 6.
Given above, the matter cannot be compromised. However, it shall be open for the accused to apply to this court seeking another opportunity to make complainant/victim(s) appear before the concerned court to record their no-objection statement(s). In that eventuality, there would be no need for the accused to re-appear, and they can annex the copy of the statement(s) recorded in this petition. Petition dismissed in the terms mentioned above. Liberty is reserved for the petitioners to file a fresh petition if necessity arises. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE February 17, 2022 anju rani Whether speaking/reasoned:
Yes Whether reportable:
No.
ANJU RANI 2022.02.17 12:17 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH