High Court of Punjab and HaryanaCRM-M/17136/2015allowed

Sunny Sharma And ORS v. State Of Punjab And ORS

2016-09-14Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-17136 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-17136 of 2015 Date of decision : 14.09.2016 Sunny Sharma and others ......Petitioners versus State of Punjab & ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ashish Aggarwal, Advocate for the petitioners Mr. A.P.S. Gill, A.A.G. Punjab Mr. Manoj Kumar, Advocate for respondent Nos. 2 to 5 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 282 dated 25.12.2013 under Sections 307/382/323/324/294/354/427/506/148/149 IPC, registered at Police Station Sadar, District Amritsar City, is being sought on the basis of affidavits (Annexure P-3 colly).

Respondent No. 2 registered the above mentioned F.I.R against the petitioners as a scuffle took place in the marriage ceremony and both the parties suffered injuries. All the injuries were found to be simple in nature (P-2 colly) However, the matter has now been duly compromised, vide affidavits (Annexure P-3 colly).

In compliance of order dated 30.07.2015, report of Addl. Chief Judicial Magistrate Amritsar has been received in this regard. As per report, statement of complainant/respondent No. 2, respondent Nos. 3 to 5 and separate statement of petitioners have been recorded. Complainant stated GAURAV ARORA 2016.09.21 11:05 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-17136 of 2015 that the matter stands compromised between the parties with the intervention of respectables and he does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. To the same effect is the statements given by respondent Nos. 3 to 5 and the petitioners. Learned State counsel on instructions has informed the Court that the offence under Section 307 IPC was made out as the injuries were on the head of the complainant side but all the injuries were found to be simple in nature.

Consequently, in view of the status report and in view of the fact that there was no intention on the part of the petitioner to cause such injuries and the dispute arose on the occasion of marriage, no useful purpose would be served in prolonging the litigation, in view of judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, 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. Accordingly, FIR No. 282 dated 25.12.2013 under Sections 307/382/323/324/294/354/427/506/148/149 IPC, registered at Police Station Sadar, District Amritsar City, is quashed along with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of.

14.09.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.09.21 11:05 I attest to the accuracy and integrity of this document