Anil And Another v. State Of Punjab And Another

-1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-22729-2024 (O&M) Date of Decision:- 02.08.2024 ANIL AND ANOTHER ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Ms. Priya Sahoo, Advocate for the petitioners.

Mr. Adesh Pal Singh, AAG Punjab.







 



 
 ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of the DDR (Annexure P-1), arising out of FIR No.105 dated 10.09.2021, under Sections 323, 307, 34 IPC, registered at Police Station Phase 11, District Mohali, and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 29.04.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: DDR No.

Dated Sections Police Station 17.09.2021 323, 341 and 34 IPC Phase 11, District Mohali

-22.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 29.04.2024 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The learned   
  

 

  
  vide report dated 01.08.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.10,000/- in compliance to the order dated 10.07.2024.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the learned   
   
 , SAS Nagar Mohali and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.

5.

In the circumstances, the present petition is allowed. DDR No.024 dated 17.09.2021 under Sections 323, 341 and 34 IPC registered at Police Station Phase 11, District Mohali (Annexure P-1) arising out of FIR No.105 dated 10.09.2021, under Sections 323, 307, 34 IPC, registered at

-3Police Station Phase 11, District Mohali,and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 02.08.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No