High Court of Punjab and HaryanaCRM-M/42843/2015allowed

Bobby Nath And Others v. State Of Punjab And Others

2016-09-14Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-42843 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-42843 of 2015 Date of decision : 14.09.2016 Bobby Nath and others ......Petitioners versus State of Punjab and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Gaurav Sharma, Advocate for the petitioners Mr. A.P.S. Gill, A.A.G. Punjab Mr. Sonu Kumar, Advocate for respondent No. 2 to 5.

**** RITU BAHRI , J. (Oral) Quashing of FIR No. 60 dated 06.09.2015 under Section 341/342/354/354-A/323/148/149 IPC, registered at Police Station Bahadur, District Barnala, is being sought on the basis of compromise deed dated 08.12.2015 (Annexure P-2).

F.I.R has been registered at the instance of respondent No. 2 with the allegations that the petitioners in connivance with each other had beaten the family of the complainant and gave injuries with an intention to kill them.

However, the matter has now been duly compromised, vide compromise deed dated 08.12.2015 (Annexure P-2). In compliance of order date 03.03.2016, an affidavit has been filed by respondent No. 2 stating therein that petitioner No. 1 is her husband and other petitioners are the family members of her husband. She is residing GAURAV ARORA 2016.09.21 11:05 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-42843 of 2015 with petitioner No. 1 and has no grudge against the petitioners. Due to misunderstanding, F.I.R has been registered.

In compliance of order dated 18.12.2015, report of Civil Judge (Jr. Divn.) Barnala, has been received in this regard. As per report, statement of complainant/respondent No. 2, respondent Nos. 3 to 5 and petitioners have been recorded. Complainant stated that the matter stands compromised between the parties and she does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. To the same effect is the statements given by the petitioners. Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No. 60 dated 06.09.2015 under Section 341/342/354/354-A/323/148/149 IPC, registered at Police Station Bahadur, District Barnala, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

14.09.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.09.21 11:05 I attest to the accuracy and integrity of this document