Harjivan Singh And ORS. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12581-2023 (O&M) DATE OF DECISION : 05.07.2023 Harjivan Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

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

Mr. Gagan Bajaj, Advocate, For the petitioners.

Mr. Mohit Thakur, AAG, Punjab.

Mr. A. S. Mann, Advocate, For respondents No.2 to 5.

ARUN MONGA, J. (ORAL) Petitioner seeks quashing of DDR No.35 dated 06.10.2022 (Annexure P-1) registered under Sections 120-B, 323, 148 read with Section 149 IPC registered in cross version of FIR No.0094 dated 06.10.2022 under Sections 341, 323, 148 read with Section 149 IPC, at Police Station Jhunir District Mansa, on the basis of compromise (Annexure P-3), stated to have been arrived between the parties. 2.

Since quashing was sought on the basis of compromise, this Court on 14.03.2023 had directed the parties to appear before the Illaqua Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 18.04.2023 of learned Judicial Magistrate Ist Class, Sardulgarh, had been received. Report reveals that statements of

complainant party i.e. respondents No.2 to 5 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 apparent that the complainant/respondents No.2 to 5 and accused/petitioners have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel appearing on behalf of complainant/ respondents No.2 to 5 states that he would have no objection to the quashing of DDR as well as FIR in question.

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 Pradesh1 and 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 DDR/FIR.

7.

Petition is thus allowed. DDR No.35 dated 06.10.2022 (Annexure P-1) registered under Sections 120-B, 323, 148 read with Section 149 IPC registered in cross version of FIR No.0094 dated 06.10.2022 under Sections 341, 323, 148 read with Section 149 IPC, at Police Station Jhunir District Mansa and all proceedings emanating there from qua the petitioners stand quashed.

1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052

8.

Pending application(s), if any, shall also stand disposed of. JULY 05, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No