Harpreet Singh @ Happy & ORS v. State Of Punjab & ORS

CRM-M-15204-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-15204-2015 (O&M).

Decided on: December 5, 2015.

Harpreet Singh @ Happy and others .. Petitioner(s)

VERSUS

State of Punjab and others .. Respondent(s) * * *

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Nakul Sharma, Advocate, for the petitioners.

Mr.Jashan Preet Singh, AAG., Punjab.

Ms.Anju Bansal, Advocate, for the respondents.

M.M.S. BEDI, J. (ORAL) This is a petition for quashing of FIR No.330 dated 4.10.2013, under Sections 341, 324, 323, 427, 148 and 149 IPC, registered at Police Station, City Ferozepur, on the basis of compromise. Said FIR was registered at the instance of respondent No.2 Dr.Surjit Singh alleging that the petitioners along with others had attacked the complainant and his friends with kirch, kappa and hockey while they were returning back from the College. The statement of the injured-complainant Gurjit Singh has already been recorded. He has turned hostile. All the persons involved in the case have already appeared before the

CRM-M-15204-2015 (O&M) Court of Additional Sessions Judge, Ferozepur, and made statements that the matter has been compromised. In view of said circumstances, chance of trial concluding in conviction of the petitioners is remote. Following the judgment in case Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), 1052, this petition is allowed. The above said FIR and all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise subject to the petitioners depositing a total sum of Rs.10,000/- (rupees Ten Thousand only) with the Punjab Police Welfare Fund, Sector 9, Chandigarh, and another total sum of Rs.5,000/- (rupees Five Thousand only) with the Punjab State Legal Services Authority, Sector 22, Chandigarh, within a period of one month.

An undertaking in writing will be furnished by the petitioners that the petitioners will not commit the similar offence again qua any of the respondents. In case of any such report, the criminal proceedings will be liable to be restored. The writing will be handed over to the Investigating Officer within a period of 15 days. (M.M.S.BEDI) JUDGE December 5, 2015.

rka RAJ KUMAR ARORA 2015.12.07 10:22 I attest to the accuracy and integrity of this document