Manohar Lal And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-17510-2021 Date of Decision : 13.08.2021 Manohar Lal and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr. Yogesh Goel, Advocate for the Petitioners.

Mr. B.S. Sewak, Addl. Advoate General, Punjab for Respondent No.1/State.

Mr. Vipul Goel, Advocate for Respondent No.2.

SUDIP AHLUWALIA J. (ORAL) In this petition, the Petitioners, who are the accused persons in cross-case registered vide G.D. No.21 dated 10.05.2019, under Sections 323/324 of the Indian Penal Code, 1860 (Annexure P-2) in F.I.R No.0016, dated 09.05.2019, under Sections 323/324/341/148/149/506 of the Indian Penal Code, 1860, registered at Police Station Pojewal, District SBS Nagar (Annexure P-1), have prayed for quashing of the cross-case with all subsequent proceedings arising therefrom, on the basis of compromise. 2.

Now the Complainant/Respondent No.2 has arrived at a settlement with the accused persons vide Compromise Deed (Annexure P-3), which is duly signed by him. 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 Ld. Sub Divisional Judicial Magistrate, Balachaur, vide report dated 12.05.2021 has apprised this Court that the compromise arrived at between the parties is DEEPAK KUMAR 2021.08.13 14:59 I attest to the accuracy and integrity of this document

CRM-M-17510-2021 -2genuine and without any pressure.

3.

Respondent No.2 is represented by his Counsel who does not dispute the factum of compromise.

4.

In view of the report of the Ld. Sub Divisional Judicial Magistrate, Balachaur, 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 with the criminal proceedings pending, since the Complainant/Respondent No.2 has himself compromised the dispute with the Petitioners/accused persons. 5.

In the circumstances, the present petition is allowed. Cross-case registered vide G.D. No.21 dated 10.05.2019, under Sections 323/324 of the Indian Penal Code, 1860 (Annexure P-2) in F.I.R No.0016, dated 09.05.2019, under Sections 323/324/341/148/149/506 of the Indian Penal Code, 1860, registered at Police Station Pojewal, District SBS Nagar (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the Petitioners.

August 13, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.08.13 14:59 I attest to the accuracy and integrity of this document