Gursewak Singh And Others v. State Of Punjab And Others

CRM-M-17175-2022 2023:PHHC:084164

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-17175 of 2022 (O&M) DATE OF DECISION: 04.07.2023 Gursewak Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Harshit Jain, Advocate, for the petitioners.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Tarun Seth, Advocate, for respondents No.2 to 4.

ARUN MONGA, J. (ORAL) Petitioner seeks quashing of FIR No.0094 dated 26.08.2021, under Sections 324, 323, 506, 148, 149, 34 IPC, registered at Police Station Longowal, District Sangrur (Annexure P-1) on the basis of compromise dated 04.04.2022 (Annexures P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 26.04.2022 had directed the parties to appear before the Illaqua Magistrate/trial Court for recording of their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 12.05.2022 of Judicial Magistrate Ist Class, Sangrur had been received. Report reveals that statements of complainant party i.e. respondents No.2 to 4 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been SHALINI BHATIA 2023.07.11 13:29 I attest to the accuracy and integrity of this order/ judgment

CRM-M-17175-2022 2023:PHHC:084164 arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent that the complainant/respondents No.2 to 4 and accused/petitioners have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel appearing on behalf of respondents No.2 to 4 states that he would have no objection to the quashing of FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a Full Bench decision of this Court in Kulwinder Singh and others Vs. State of Punjab and others, 2007 (3) RCR (criminal) 1052. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. present petition is allowed. FIR No.0094 dated 26.08.2021, under Sections 324, 323, 506, 148, 149, 34 IPC, registered at Police Station Longowal, District Sangrur and all proceedings emanating therefrom qua the petitioners stand quashed. 8.

Petition is allowed in the aforesaid terms.

9.

Pending application(s), if any, shall also stand disposed of. JULY 04, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2023.07.11 13:29 I attest to the accuracy and integrity of this order/ judgment