High Court of Punjab and HaryanaCRM-M/32570/2017disposed of

Nirmal Singh And ORS v. State Of Punjab And ANR

2017-10-27Mr. Justice Harminder Singh Madaan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM NO. M-32570 OF 2017 DECIDED ON : 27.10.2017 Nirmal Singh and ors.

...Petitioners

versus State of Punjab and anr.

...Respondents

CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL Present :

Mr. Bharat Julka, Advocate, for the petitioners.

Mr. Bhupender Beniwal, AAG, Punjab.

Mr. Sandeep Sharma, Advocate, for respondent No.2.

ANUPINDER SINGH GREWAL, J. (ORAL) The petitioners are seeking quashing of complaint No.150/09.03.2015, under Sections 384, 457, 323, 506, 148 and 149 of the IPC, registered at Police Station Mehal Kalan, District Barnala (Annexure P/1) as well as summoning order dated 14.12.2015 passed by Judicial Magistrate Ist Class, Barnala (Annexure P/2) and all criminal proceedings arising out of the aforesaid complaint, on the basis of compromise dated 04.11.2016 (Annexure P/3).

Learned counsel for the petitioners contends that FIR is outcome of a sudden quarrel between the neighbours, which has now been resolved. The injuries are on non-vital parts of the body of complainant. This Court by the order dated 04.09.2017 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements with regard to veracity of the compromise. The Judicial Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh

CRM NO. M-32570 OF 2017 -2Magistrate Ist Class, Barnala, has sent his report dated 24.10.2017, wherein it is stated that in pursuance to the order of this Court, statements of the parties were recorded. As per the statements, compromise has been effected without any fear or undue influence.

The FIR is an outcome of a sudden quarrel between the neighbours which has now been resolved. The injuries are on non-vital parts of the body of complainant.

In view of the law laid down in "Narinder Singh Vs. State of Punjab" 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and complaint No.150/09.03.2015, under Sections 384, 457, 323, 506, 148 and 149 of the IPC, registered at Police Station Mehal Kalan, District Barnala (Annexure P/1) as well as summoning order dated 14.12.2015 and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners only. (ANUPINDER SINGH GREWAL) JUDGE 27.10.2017 sonia Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh