Kuldeep Singh And ORS. v. State Of Punjab And ORS.

CRM-M-28846-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28846-2017 Date of decision:- 07.02.2018 Kuldeep Singh and others .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Parampreet Singh Paul, Advocate for the petitioners.

Mr. Harbir Sandhu, AAG, Punjab.

Mr. Bhupinder Banga, Advocate for respondents No.2 and 3.

**** MAHABIR SINGH SINDHU , J. (ORAL) Present petition is filed praying for quashing DDR No.46 dated 25.02.2014, under Sections 323, 341, 427, 452, 148 and 149 IPC recorded in FIR No.36 dated 22.02.2014, under Sections 323, 148 and 149 IPC, registered at Police Station City Rupnagar, on the basis of compromise entered into between the parties.

2.

Heard.

3.

Both the parties were directed by this Court vide order dated 08.08.2017 to appear before the learned trial Court/Illaqa Magistrate and get their statements recorded and in pursuance thereof, learned Chief Naresh Kumar 2018.02.12 16:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-28846-2017 -2Judicial Magistrate, Rupnagar, recorded the statements of both the parties and submitted a report dated 20.09.2017. A perusal of the report reveals that the compromise entered into between the parties is with their own sweet will, without any inducement and coercion. Even as on today the parties are not disputing the factum of compromise arrived at between them.

4.

No objection has been raised by the learned State counsel on a specific query put to him by the Court with regard to quashing of the DDR as well as all other consequential proceedings on the basis of the compromise effected between the parties in this case. 5.

Inasmuch as the dispute between the parties has been amicably settled and they have already entered into compromise, and the fact that no objection has been raised by the State, continuance of the prosecution would be an exercise in futility. Therefore, the aforesaid DDR and all consequent proceedings resulting therefrom, qua petitioners only, are quashed.

6.

Petition is allowed.

( MAHABIR SINGH SINDHU) February 07, 2018 JUDGE naresh.k Whether reportable?

No Whether reasoned/speaking?

Yes Naresh Kumar 2018.02.12 16:57 I attest to the accuracy and integrity of this document Chandigarh