High Court of Punjab and HaryanaCRM-M/16029/2017allowed

Angrej Singh And ORS. v. State Of Punjab And ORS

2017-05-31Mrs. Justice Raj Rahul Garg2 pages

CRM-M-16029-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16029-2017 Date of Decision:- 31.05.2017 Angrej Singh and others ....Petitioners

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. D.S. Gandhi, Advocate for the petitioners.

Mr. APS Gill, AAG, Punjab.

Mr. Vikas Gupta, Advocate, for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.297 dated 14.07.2016, under Sections 353, 354, 186, 332, 506 and 34 IPC, registered at Police Station Civil Lines, District Amritsar City, on the basis of compromise/affidavit dated 21.04.2017 (Annexure P-2).

Brief facts of the case are that the present FIR was got registered against the present petitioners on the statement of complainant/respondent No.2 as the fight took place just because of the gist of moment and because of emotional.

Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise/affidavit dated 21.04.2017 (Annexure P-2). Naresh Kumar 2017.07.11 12:10 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-16029-2017 -2During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise/affidavit dated 21.04.2017 (Annexure P-2), by way of order dated 08.05.2017, by this Court.

In compliance of order dated 08.05.2017 of this Court, the report of the Judicial Magistrate 1st Class, Amritsar dated 25.05.2017 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant and injured persons have no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainant have been recorded to the same effect.

Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot Vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No.297 dated 14.07.2016, under Sections 353, 354, 186, 332, 506 and 34 IPC, registered at Police Station Civil Lines, District Amritsar City and all the subsequent proceedings arising therefrom qua petitioners are hereby quashed, on the basis of compromise/affidavit dated 21.04.2017 (Annexure P-2). The present petition stands allowed.

May 31, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.07.11 12:10 I attest to the accuracy and integrity of this document Chandigarh