Gurwinder Singh @ Sonu And Others v. State Of Punjab And Another

N.C. No.2024:PHHC:027711

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 315/1 CRM-M-15376-2021 (O&M) Date of decision: 26.02.2024 GURWINDER SINGH @ SONU AND OTHERS ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Dhawaljeet Dutta, Advocate for the petitioners. Mr. Harpreet Singh, Additional AG Punjab.

Mr. Abhishek Kathpal, Advocate for Mr. Sanjeev K. Uppal, Advocate for respondent No.2 ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of DDR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 09.03.2021 (Annexure P-2) executed between the parties. Details of the DDR are as follows:

DDR No.

Dated Sections Police Station 10.09.2019 323, 324, 452, 336, 148,149 IPC;

25 and 27 of the Arms Act Qadian, District Batala 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 09.03.2021 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate First Class, Batala vide report dated 26.12.2023 has apprised SANDAL SHARMA 2024.03.01 15:47 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:027711 CRM-M-15376-2021 (O&M) -2this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.10,000/- in compliance to the order dated 08.12.2023.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the Judicial Magistrate First Class, Batala and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. DDR No.27 dated 10.09.2019 under Sections 323, 324, 452, 336, 148,149 IPC; 25 and 27 of the Arms Act registered at Police Station Qadian, District Batala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 26.02.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.03.01 15:47 I attest to the accuracy and authenticity of this order/judgment