High Court of Punjab and HaryanaCRM-M/13237/2015dismissed

Ajay Kumar v. State Of Punjab And Another

2017-08-29Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-13237 of 2015(O&M) Date of Decision: August 29, 2017 Ajay Kumar

...Petitioner

VERSUS

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Gaurav Sharma, Advocate for the petitioner.

Mr.Gaurav Garg Dhuriwala, Sr.DAG, Punjab for the respondent-State.

None for respondent No.2.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 482 Cr.P.C. against respondents State of Punjab and Parshotam Lal for quashing the FIR No.26 dated 21.02.2011 under Sections 392 and 120-B IPC registered at Police Station Sadar, Amritsar and judgment of conviction and order of sentence dated 10.10.2013 passed by learned ACJM, Amritsar as well as all subsequent proceedings arising thereof, on the basis of the compromise. Notice of motion was issued. Learned State counsel appeared and contested the petition. Earlier, learned counsel for respondent No.2 was appearing but today, none appeared on behalf of respondent No.2. I have heard learned counsel for the petitioner as well as Vineet Gulati 2017.08.30 16:10 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-13237 of 2015 -2learned State counsel and have gone through the record. From the record, I find that in the present case, FIR has been got registered by Parshotam Lal, who stated that on 21.02.2011 at 5.00 a.m, he started to sabzi mandi in his Wagon-R car bearing registration No.PB35H-6548. Then a Safari car in which five persons were there, stopped him and started beating him and snatched his car, his bag with books and cash of `1,50,000/- and ran away.

Learned State counsel has brought it to the notice of this Court that in this FIR, the petitioner has already been convicted and sentenced by learned trial Court.

Keeping in view the nature and gravity of the offence and serious allegations, I do not find it a fit case where FIR is liable to be quashed on the basis of compromise, especially when the petitioner has already been convicted by learned trial Court. Therefore, finding no merit in the present petition, the same is dismissed.

August 29, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.08.30 16:10 I attest to the accuracy and authenticity of this document Chandigarh