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High Court of Punjab and HaryanaCRM-M/21819/2024dismissed

Manpreet Singh And Others v. State Of Punjab And Another

2024-09-26Mr. Justice Anoop Chitkara2 pages

CRM-M-21819-2024   

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21819-2024 (O&M)

Reserved on: 23.09.2024

Date of Pronouncement: 26.09.2024

Manpreet Singh & others ... Petitioner(s)

Versus

State of Punjab & another

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Tanveer Singh, Advocate for Mr. Rahul Bhargava, Advocate for the petitioner(s).

Mr. Jasjit Singh, DAG, Punjab.

Mr. Prikshit Thakur, Advocate for respondent no.2.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 2.9.2022 Sadar, Amritsar 341, 506, 34 IPC The petitioner(s), 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(s). 2.

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

3.

After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved persons as respondent no.2. 4.

Pursuant to order of this Court dated 2.5.2024, the aggrieved person(s) (Respondent no.2) appeared before the Additional Chief Judicial Magistrate, Amritsar and stated that there would be no objection if the Court quashes this FIR and consequent proceedings.

ANALYSIS & REASONING:

ASHWANI KUMAR 2024.09.26 16:06 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh

CRM-M-21819-2024    5.

An analysis of the FIR reveals that there are specific allegations against the petitioners-accused that they had hit their motorcycle on which the complainant along with his friend Shashi were going and thereafter, they also gave fist blows to both them. However, the petitioners have neither arraigned him as respondent in this case nor his statement has been recorded before the trial Court/Illaqa Magistrate. 6.

Since all the victims did not state 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 to re-examine the complainant-victim 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 26, 2024 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2024.09.26 16:06 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh