High Court of Punjab and HaryanaCRM-M/27191/2016allowed

Balwinder Singh & ORS v. State Of Punjab & ANR

2016-10-19Mrs. Justice Raj Rahul Garg2 pages

CRM-M-27191-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27191-2016 Date of Decision:- 19.10.2016 Balwinder Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ravinder Singh Bassi, Advocate for the petitioners.

Mr. APS Gill, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.52 dated 24.04.2016, under Sections 354(A), 323, 506, 148 and 149 IPC, registered at Police Station Kharar, District SAS, Nagar, on the basis of compromise (Annexure P-2). Brief facts of the case are that on 24.04.2016 the accused persons had passed objectionable gestures to daughter of complainant and thereafter they have threatened the complainant with dire consequences. Due to the said fact, the F.I.R was registered against the petitioners. Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention respectable persons, vide compromise (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise (Annexure Naresh Kumar 2016.10.27 16:39 I attest to the accuracy and integrity of this document Chandigarh P-2), by way of order dated 08.08.2016, by this Court.

CRM-M-27191-2016 -2In compliance of order dated 08.08.2016 of this Court, the report of Sub-Divisional Judicial Magistrate, Kharar dated 10.10.2016 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainant have been recorded to the same effect. Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs.

State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No.52 dated 24.04.2016, under Sections 354 (A), 323, 506, 148 and 149 IPC, registered at Police Station Kharar, District SAS, Nagar and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise (Annexure P-2). The present petition stands disposed of.

October 19, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.10.27 16:39 I attest to the accuracy and integrity of this document Chandigarh