Ravi Kumar And ANR v. State Of Punjab And ANR

CRM-M-856-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-856-2021 (O&M) Date of decision: 14.9.2022 Ravi Kumar and another

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR.JUSTICE KARAMJIT SINGH

Present:

Mr. J.S.Grewal, Advocate, for the petitioners. Mr. Vishal Kashyap, DAG, Haryana.

Mr. Neeraj Madaan, Advocate, for respondents No.2 and 3. ***** KARAMJIT SINGH , J. (Oral) Prayer in this petition is for quashing of FIR No.134 dated 2.12.2019 registered under Sections 436, 427, 34 IPC at Police Station Sadar Abohar, District Fazilka on the basis of compromise. The above stated FIR was registered on the statement of the complainant/respondent No.2-Sahi Ram @ Mahi Ram against the petitioners.

On notice of motion, respondents No.2 appeared in the Court through their counsel and pleaded that they have no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

PARITOSH KUMAR 2022.09.15 13:36 I attest to the accuracy and authenticity of this order/judgment In compliance thereof, report from the Court of Judicial

CRM-M-856-2021 -2Magistrate, 1st Class, Abohar along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. I have heard learned counsel for the parties. Learned counsel for the petitioners and for respondents No.2 and 3 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law.

For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.134 dated 2.12.2019 registered under Sections 436, 427, 34 IPC at Police Station Sadar Abohar, District Fazilka and all the subsequent proceedings are hereby quashed qua the petitioners.

( KARAMJIT SINGH ) JUDGE September 14, 2022 Paritosh Kumar Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No PARITOSH KUMAR 2022.09.15 13:36 I attest to the accuracy and authenticity of this order/judgment