Gurmukh Singh v. State Of Punjab And Another

CRM-M-14618-2023 2023:PHHC:100222

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14618-2023 Date of decision: 03.08.2023 Gurmukh Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:

None for the petitioner.

Mr. A.P.S. Tung, DAG, Punjab.

Mr. Puneet Sharma, Advocate for respondent No.2.

*** SUVIR SEHGAL, J. (ORAL) 1.

Instant petition has been filed under Section 482 Cr.PC seeking quashing of FIR No.26 dated 15.03.2015, (Annexure P-1) registered under Sections 452, 323, 295, 506, 147 IPC, at Police Station Mullanpur Garibdas, District S.A.S Nagar (Mohali) and all subsequent proceedings arising therefrom on the basis of compromise dated 23.02.2023 (Annexure P-2). 2.

Counsel representing the complainant-respondent No.2 submits that FIR (Annexure P-1) is an outcome of a minor altercation between the parties. It has been submitted that although offence under Section 295 IPC has been added but the allegation is that the accused pulled the complainant's beard. It has further been submitted that the dispute has been amicably settled and the complainant does not have any objection, in case, the criminal proceedings are quashed.

3.

I have heard the counsel for the State and complainant-respondent No.2.

4.

In deference to order dated 23.03.2023, report has been received Parveen Kumar 2023.08.08 10:01 I attest to the accuracy and integrity of this document

CRM-M-14618-2023 2023:PHHC:100222 from the trial Court. The relevant extract of the same is as under: "1.

There is only one accused Gurmukh Singh arrayed as accused in the present FIR.

2.

No accused is declared as Proclaimed Offender in this case. 3.

Accused Gurmukh Singh is involved in present case i.e. FIR No.26 dated 15.03.2015, u/s 452, 323, 295, 506, 147 of IPC, P.S. Mullanpur Garibdass only. Except the said case, he is not involved in any other case.

4.

The statement of Investigating Officer is recorded and as per his statement there is only one victim/complaint namely Gurmeet Singh in the present FIR. His statement is also sent along with report." 5.

Keeping in view the settlement, report of the Trial Court and the judgments of Supreme Court in Gian Singh Versus State of Punjab and another, 2012(4) RCR (Criminal) 543 and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Versus State of Gujarat and another (2017) 9 SCC 641, this Court is of the opinion that quashing of the criminal proceedings would restore peace and harmony between the parties, who are residents of adjoining areas.

6.

Accordingly, petition is allowed. FIR No.26 dated 15.03.2015 (Annexure P-1), registered under Sections 452, 323, 295, 506, 147 IPC, at Police Station Mullanpur Garibdas, District S.A.S Nagar (Mohali) and all subsequent proceeding arising therefrom, is quashed qua the petitioner. (SUVIR SEHGAL) 03.08.2023 JUDGE Parveen kumar Whether speaking/reasoned :Yes/No Whether reportable :Yes/No Parveen Kumar 2023.08.08 10:01 I attest to the accuracy and integrity of this document