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High Court of Punjab and HaryanaCRM-M/23435/2022dismissed

Joginder Singh And ORS. v. State Of Punjab And ANR.

2022-09-15Mr. Justice Anoop Chitkara2 pages

CRM-M-23435-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-23435-2022

Reserved on: 29.07.2022

Date of Pronouncement: 15.09.2022

Joginder Singh & others

...Petitioner (s)

Versus

State of Punjab & another

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. J.S. Virk, Advocate for the petitioner(s).

Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

Mr. Gursharan Singh, Advocate for respondent no.2.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 21.11.2015 City Batala, District Gurdaspur 419, 420, 467, 468, 471, 120-B IPC The petitioners, 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. 2.

During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-2.

3.

After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent. 4.

On 7.6.22, the aggrieved person Joginder Kaur (R-2) stated before the JMIC, Batala 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 ASHWANI KUMAR 2022.09.19 09:34 I attest to the accuracy and integrity of this Judicial Record/Decree/Document, which is scanned copy of the original

CRM-M-23435-2022 11.7.2022, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

5.

However, the petitioners did not arraign the other aggrieved person Dalip Kaur as a respondent in this case or a party to the compromise. 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 re-examine Joginder Kaur 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 September 15, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.09.19 09:34 I attest to the accuracy and integrity of this Judicial Record/Decree/Document, which is scanned copy of the original