High Court of Punjab and HaryanaCRM-M/43510/2015allowed

Varundeep Singh v. State Of Punjab And ORS.

2017-04-18Mrs. Justice Raj Rahul Garg3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 18.04.2017 Varundeep Singh ....Petitioner

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vipul Aggarwal, Advocate, for the petitioner. Mr. APS Gill, AAG, Punjab.

Mr. Shalender Nagpal, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.328 dated 24.09.2015, under Sections 307, 353, 354, 323, 341 and 506 IPC, registered at Police Station City Lines, District Amritsar City, on the basis of compromise dated 16.12.2015 (Annexure P-2) and affidavit dated 17.12.2015 (Annexure P-3) of respondent No.2. Briefly the facts of the case are that on 24.09.2015 when daughter of complainant-Shailender Singh Puri (respondent No.2), namely, Srishti Puri, was going home after the college, two boys have followed her in the white Alto Car. Her daughter got scared and telephoned him. Thereafter, he informed the police man posted in front of BBK DAV College. Meanwhile, these two boys again came there in the same car and

-2when H.C. Varinderpal Singh tried to stop them, he got injured in that process and first aid was given to him. Thereafter, the F.I.R was registered against the petitioner.

Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 16.12.2015 (Annexure P-2) and affidavit dated 17.12.2015 (Annexure P-3) of respondent No.2. Moreover, respondent No.4 had suffered minor injuries in the incident and prima facie no offence under Section 307 IPC is made out against the petitioner.

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 16.12.2015 (Annexure P-2) and affidavit dated 17.12.2015 (Annexure P-3) of respondent No.2, by way of order dated 28.02.2017, by this Court. In compliance of order dated 28.02.2017 of this Court, the report of the Chief Judicial Magistrate, Amritsar, dated 23.03.2017 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant and injured have no objection, if the present FIR registered against the petitioner is quashed. Statements of the petitioner, complainant and injured have been recorded to the same effect.

Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot Vs.

-3Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No.328 dated 24.09.2015, under Sections 307, 353, 354, 323, 341 and 506 IPC, registered at Police Station City Lines, District Amritsar City and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 16.12.2015 (Annexure P-2) and affidavit dated 17.12.2015 (Annexure P-3) of respondent No.2.

The present petition stands disposed of.

April 18, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No