Princepal Singh And ORS v. State Of Punjab And Another

CRM-M-13353-2021 (O&M) 2023:PHHC:095285

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13353-2021 (O&M) DATE OF DECISION: 20.07.2023 Princepal Singh and others

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Gagandeep Singh, Advocate, For the petitioners.

Mr. Sandeep Kumar, DAG, Punjab.

None for respondent No.2, despite service.

ARUN MONGA, J. (ORAL) Petitioners seek quashing of FIR No.79dated 11.07.2020 (Annexure P-1) registered under Section 341, 323, 379-B, 427, 506, 148 read with Section 149 of IPC at Police Station Khanuri, District Sangrur on the basis of compromise dated 01.09.2020 (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 23.03.2021 had directed the parties to appear before the Illaqa Magistrate for recording their statements in support of the compromise. A veracity report was also called for.

3.

Report dated 27.05.2021 of learned Sub-Divisional Judicial Magistrate, Moonak, Sangrur, had been received. Report reveals that statements of complainant party i.e. respondent No.2 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is VANDANA 2023.07.26 18:56 I attest to the accuracy and integrity of this order/judgment

CRM-M-13353-2021 (O&M) 2023:PHHC:095285 apparent that the complainant/respondent No.2 and accused/petitioners have arrived at a compromise voluntarily and without any coercion. 4.

Since despite service, none appears for the complainant, it is suggestive that he has no objection to the quashing of FIR in question as is borne out from his statement which was recorded and is accompanied with the report received from Ld. Sub Divisional Judicial Magistrate. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.79 dated 11.07.2020 (Annexure P-1) registered under Section 341, 323, 379-B, 427, 506, 148 read with Section 149 of IPC at Police Station Khanuri, District Sangrur on the basis of compromise dated 01.09.2020 (Annexure P-2),and all proceedings emanating therefrom qua the petitioners stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. 20.07. 2023 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 VANDANA 2023.07.26 18:56 I attest to the accuracy and integrity of this order/judgment