Sanjeev Nagpal @ Kali Nagpal And ORS v. State Of Punjab And Others
CRM-M-16921-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-16921-2024 (O&M)
Reserved on: 03.07.2024
Date of Pronouncement: 08.07.2024
Sanjeev Nagpal @ Kali Nagpal & others ... Petitioner(s)
Versus
State of Punjab and another
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Ashok Kumar Sama, Advocate for the petitioner(s).
Mr. TPS Walia, AAG, Punjab.
Mr. Aarish Kamboj, Advocate for respondent no.2.
*** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 5.1.2024 Khuhi Khera, District Fazilka 365, 379B, 341, 323, 148, 149 IPC and Sections 25/27 Arms Act (Sections 379B IPC and 25/27 Arms Act deleted) The petitioner(s), arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person(s). 2.
During the pendency of the criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-3.
3.
After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved persons as respondent no.2. 4.
Pursuant to order of this Court dated 8.4.2024, the complainant-aggrieved person(s) (R-2) appeared before the Judicial Magistrate Ist Class, Fazilka and stated that there would be no objection if the Court quashes this FIR and consequent proceedings. As per the concerned court's report dated 14.6.2024, the parties consented to the quashing of FIR and consequent proceedings without any threat. ASHWANI KUMAR 2024.07.08 17:30 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh
CRM-M-16921-2024 ANALYSIS & REASONING:
5.
However, a perusal of the FIR reveals that the complainant was accompanied by his friends namely Amar Singh and Mangat Singh also and during the scuffle, Mangat Singh was beaten up and his jacket was also torn. However, neither the petitioners have arraigned Mangat Singh as a respondent in this case nor his statement has been recorded before the trial Court/Illaqa Magistrate. 6.
Since all the victims did not state about their no objection to the compromise and also the reasons which led to the compromise, as such this court cannot proceed further in this matter.
7.
Given above, the petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition and there would be no necessity to re-examine the complainant-respondent no.2 and the accused, whose statements stand recorded. The copies of the statements along with report would suffice. Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE July 08, 2024 AK Whether speaking/reasoned :
Yes Whether reportable :
No ASHWANI KUMAR 2024.07.08 17:30 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh