Vicky @ Vishal Bansal v. State Of Punjab And Others

CRM-M-15534-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15534-2022

Reserved on: 20.07.2022

Date of Pronouncement: 02.09.2022

Vicky @ Vishal Bansal

...Petitioner (s)

Versus

State of Punjab & others

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Gulzar Mohammed, Advocate for the petitioner(s).

Mr. H.S. Multani, AAG, Punjab.

Mr. Rajesh Gupta, Advocate for respondents no.2 to 5.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 17.5.2018 Mandi Gobindgarh, District Fatehgarh Sahib 338 IPC The petitioner, arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person. 2.

During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2.

3.

After that, the petitioner came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved persons as respondents. 4.

On 26.4.2022, the aggrieved person Shyam Dube (R-2) appeared before the SDJM, Amloh and stated that there would be no objection if the court ASHWANI KUMAR 2022.09.05 11:28 I attest to the accuracy and integrity of this Judicial Record/Decree/Document, which is scanned copy of the original

CRM-M-15534-2022 quashes this FIR and consequent proceedings. As per the concerned court's report dated 6-5-22, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

5. The petitioner has impleaded the other injured as respondents (R-3, R-4, R5) in his petition. However, their statements with regard to the factum of compromise were not recorded before the trial court. 6.

Since all the victims did not state about their no objection to the compromise and also the veracity and the reasons which led to the compromise, as such, this court cannot proceed further in this matter. 7.

Given above, the petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition and there would be no necessity re-examine R2 and the accused, whose statements stand recorded. The copies of the statements along with report would suffice.

Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE Sept 02, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.09.05 11:28 I attest to the accuracy and integrity of this Judicial Record/Decree/Document, which is scanned copy of the original