High Court of Punjab and HaryanaCRM-M/23262/2017disposed of

Ramandeep Singh And ORS. v. State Of Punjab And ANR.

2017-10-27Mr. Justice Harminder Singh Madaan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM NO. M-23262 OF 2017 DECIDED ON : 27.10.2017 Ramandeep Singh and ors.

...Petitioners

versus State of Punjab and anr.

...Respondents

CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL Present :

Mr. J.S.Dadwal, Advocate, for the petitioners.

Mr. Bhupender Beniwal, AAG, Punjab.

Mr. Gagandeep Singh, Advocate for respondent No.2.

***** ANUPINDER SINGH GREWAL, J. (ORAL) The petitioners are seeking quashing of FIR No.138 dated 19.06.2015, under Sections 382/34 IPC, registered at Police Station Shimlapuri, District Ludhiana and all the subsequent proceedings arising therefrom, on the basis of compromise dated 22.09.2016 (Annexure P-2), which has been arrived at between the parties. Learned counsel for the petitioners contends that the FIR is an outcome of misunderstanding between the parties and the matter has now been resolved. In the FIR, it is alleged that the petitioners have snatched the mobile phone of the complainant.

The Coordinate Bench of this Court by the order dated 05.07.2017 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements with regard to veracity of the compromise. The Judicial Magistrate, Ist Class, Ludhiana has sent his report dated 22.08.2017, wherein it is stated that in pursuance to the order of Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh

CRM-M-23262-2017 -2this Court, statements of the parties were recorded. As per the statements, compromise has been effected without any pressure, fear or undue influence.

The FIR is an outcome of misunderstanding between the parties, which has now been resolved.

In view of the law laid down in "Narinder Singh Vs. State of Punjab" 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.138 dated 19.06.2015, under Sections 382/34 IPC, registered at Police Station Shimlapuri, District Ludhiana and all the subsequent proceedings arising therefrom, on the basis of compromise dated 22.09.2016 (Annexure P-2) are hereby quashed qua the petitioners only.

(ANUPINDER SINGH GREWAL) JUDGE 27.10.2017 sonia Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh