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High Court of Punjab and HaryanaCRM-M/12518/2016allowed

Satnam Singh @ Satta v. State Of Punjab Etc

2018-09-28Mr. Justice Surinder Gupta2 pages

CRM-M-12518 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-12518 of 2016 Date of decision: 28.09.2018 Satnam Singh @ Satta .. Petitioner

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr.Ravi Malhotra, Advocate for the petitioner.

Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

Mr. Gautam Thapar, Advocate for respondent no. 2.

SURINDER GUPTA, J.(Oral) The petitioner has filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No. 202 dated 08.11.2010 (Annexure P-1), registered for offences punishable under Sections 307/323/324/452/148/149 of Indian Penal Code (for short 'IPC') at Police Station Adampur, District Jalandhar, along with all consequential proceedings arising therefrom, on the basis of compromise dated 07.06.2014 (Annexure P-2).

Instant FIR was registered on the statement of complainantInderjit Lal (respondent no. 2), wherein he has stated that on 31.10.2010 at about 04.00 p.m., he was alone at his shop, when 8/10 persons came on 4/5 motorcycles. They were armed with kirpan and datar and caused him injuries and also snatched money from him due to which currency notes of `7500/- gpt scattered. Many persons gathered at the spot and pelted stones on accused, who ran away on their motorcycles. JITENDER KUMAR 2018.09.28 17:20 I attest to the accuracy and integrity of this document Chandigarh In his supplementary statement recorded on 09.11.2010,

CRM-M-12518 of 2016 -2complainant named certain other persons and expressed his suspicion that he was attacked at the behest of petitioner-Satnam Singh @ Satta son of Parkash Singh, who is resident of Italy and has litigation with him. The police presented challan against six accused named in the FIR, who were acquitted vide judgment dated 10.07.2013.

Learned State counsel submits that the petitioner is a proclaimed offender and has never joined the investigation. Allegations against petitioner are that the occurrence had taken place at his instance in which six accused, who were charge-sheeted have already been acquitted. Name of petitioner has cropped up only in supplementary statement of complainant and as per report of learned Magistrate, Jalandhar, matter has since been amicably settled between complainant and petitioner vide compromise, copy of which has been placed on file as Annexure P-2. The instant petition is allowed and FIR No. 202 dated 08.11.2010 (Annexure P-1), registered for offences punishable under Sections 307/323/324/452/148/149 IPC, at Police Station Adampur, District Jalandhar, along with all consequential proceedings arising therefrom, qua petitioner, is quashed.

September 28, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2018.09.28 17:20 I attest to the accuracy and integrity of this document Chandigarh