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High Court of Punjab and HaryanaCRM-M/21483/2020allowed

Joginder Singh v. State Of Punjab And Another

2020-10-28Mr. Justice Harsimran Singh Sethi2 pages

CRM-M-21483-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(218) CRM-M-21483-2020 (O&M) Date of Decision: October 28, 2020 Joginder Singh .. Petitioner

Versus

State of Punjab and another .. Respondents (Through video conferencing) CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Neeraj Jain, Advocate, for the petitioner. Mr. Sandeep Singh Deol, Deputy Advocate General, Punjab. Ms. Komal Bawa, Advocate, for respondent No.2. HARSIMRAN SINGH SETHI, J.(ORAL) CRM-18614-2020 As prayed for, the application is allowed.

CRM-M-21483-2020 Present petition has been filed under Section 482 Cr.P.C for quashing of FIR No.28 dated 04.03.2020 under Section 324 IPC (Section 326 IPC added later on) registered at Police Station Sadar Malout, District Sri Muktsar Sahib on the basis of the compromise, which has been entered into between the parties.

The petitioner is the son of the complainant. Before any action could be taken, the parties were directed to get their statement recorded and as per the report dated 01.10.2020, which has been received from the Judicial Magistrate Ist Class, Malout, the parties have genuinely compromised the matter and there are no other cases pending against the accused.

HARSHA RANI 2020.10.30 09:31 I attest to the accuracy and integrity of this document

CRM-M-21483-2020 As the present dispute is between the son and the father and unfortunately, it is the father, who has received the injuries and the father in the comporomise as well as in the statement has stated that he does not want to pursue the present FIR any further, no useful purpose will be served in keeping the FIR pending. Learned counsel appearing on behalf of respondent No.2-father again reiterates before this Court that he has no objection in case the FIR is quashed.

Keeping in view the totality of the circumstances, especially when the dispute is between the father and son and father has shown magnanimity in not pursuing the complaint against his son any further, FIR No.28 dated 04.03.2020 under Section 324 IPC (Section 326 IPC added later on) registered at Police Station Sadar Malout, District Sri Muktsar Sahib and the proceedings arising out of the same, are quashed on the basis of the compromise entered into between the parties. However, the time of the Court has been consumed by the parties in their inter se dispute.

The above order, quashing of the FIR, will be subject to the payment of Rs.15,000/- as costs, to be deposited with Prabh Asra, Bank Account No.014894600000970, Yes Bank Branch, SCO 151/152, Sector 9C, Chandigarh by the petitioner. (HARSIMRAN SINGH SETHI) October 28, 2020 JUDGE harsha/naresh.k Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HARSHA RANI 2020.10.30 09:31 I attest to the accuracy and integrity of this document