Hardeep Singh v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-31964 & 31965-2023 IN/AND CRM-M-20406-2023 Date of Decision: 17.08.2023 Hardeep Singh ...... Petitioner

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

None for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab, for respondent No.1-State.

None for respondents No.2 and 3.

Mr. Raman Kumar, Advocate, for the applicant-Davinder Kumar.

***** RAJBIR SEHRAWAT, J. (ORAL) CRM-31964-2023 1.

This is an application for placing on record a copy of DDR No.26 dated 11.02.2023 as Annexure A-1.

2.

For the reasons mentioned in the application, the same is allowed and a copy of DDR No.26 dated 11.02.2023 is taken on record as Annexure A-1.

CRM-31965-2023 1.

This is an application for impleading the applicant-Devinder Kumar as respondent No.4 in the array of parties. 2.

Notice of motion.

-23.

On the asking of the Court, Mr. Jaspal Singh Guru, AAG, Punjab, accepts notice on behalf of the respondent-State and submits that he has no objection to the prayer made in the application. 4.

In view of the above and for the reasons mentioned in the application, the same is allowed and the applicant-Devinder Kumar is impleaded as respondent No.4.

5.

Amended memo of parties attached with the application is ordered to be taken on record.

CRM-M-20406-2023 1.

The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.19 dated 05.02.2023, registered under Section 307 of the Indian Penal Code, 1860, (for short, 'IPC') and Section 27 of the Arms Act, 1959, at Police Station Lopoke, District Amritsar Rural, and all other consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2.

Vide order dated 25.04.2023, the parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their statements recorded; as to the genuineness of the compromise. In compliance thereof, report of the Judicial Magistrate Ist Class, Ajnala, dated 04.07.2023, has been received, wherein, it has been noticed that there are two victims in the present FIR. One of the victims, namely Devinder Kumar was not made party in the quashing petition and rest of the parties have settled their dispute amicably without any undue influence, coercion or pressure and none of the accused have been declared as proclaimed offender.

-33.

Learned counsel for the victim-Devinder Kumar states that victim-Devinder Kumar has not compromised the matter with the opposite party. Rather, he has initiated DDR No.26 dated 11.02.2023 against the petitioner.

4.

In view of the above, the present petition is dismissed. (RAJBIR SEHRAWAT) JUDGE 17.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No