← Library
High Court of Punjab and HaryanaCRM-M/16203/2018allowed

Ankush Kumar & ORS v. State Of Punjab & ORS

2018-07-20Mr. Justice Augustine George Masih2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-16203-2018 (O&M) Date of decision: July 20, 2018 Ankush Kumar and Ors.

.. Petitioners

Versus

State of Punjab and Ors.

.. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Nitin Rampal, Advocate for the petitioners.

Mr. Sandeep Kumar, D.AG, Punjab.

Mr. Vikas Garg, Advocate for Mr. Prateek Pandit, Advocate for respondents No.2 and 3.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.127 dated 17.9.2016 (Annexure P-1) along with all consequential proceedings arising therefrom, registered for offences punishable under Sections 324/323/148/149 of IPC (Section 326 of IPC was added later on) at Police Station Guruharsahai, District Ferozepur, on the basis of the compromise (Annexure P-2).

As per case of the prosecution, on 16.9.2018 the accused persons (petitioners herein) waylaid the complainant and caused injuries on his person. His friend Gurpreet Sing when intervened, he was also caused injuries.

Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file as Annexure P-2 .

Deepak Kumar 2018.07.26 11:17 I attest to the accuracy and integrity of this document

CRM-M-16203-2018 -2- *** Learned counsel for respondent No.2-complainant and other private respondent endorsed the submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P1) is quashed.

Learned State counsel has also not disputed compromise (Annexure P-2).

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 25.5.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure or influence.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed. July 20, 2018 (SURINDER GUPTA) deepak JUDGE Deepak Kumar 2018.07.26 11:17 I attest to the accuracy and integrity of this document Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No