High Court of Punjab and HaryanaCRM-M/44266/2015allowed

Harjinder Singh And Another v. State Of Punjab And Others

2017-01-10Mrs. Justice Raj Rahul Garg2 pages

CRM-M-44266-2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44266-2015 Date of Decision:- 10.01.2017 Harjinder Singh and another ....Petitioners

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Jasmine, Advocate for Mr. B.S. Bhalla, Advocate, for the petitioners.

Ms. Manpreet Dhaliwal, AAG, Punjab.

Mr. Shivender Pal Singh, Advocate for respondent Nos.2 to 5.

**** RITU BAHRI, J. (Oral) ` Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.60 dated 03.05.2014, under Sections 323, 341, 354, 295, 506, 148 and 149 IPC, registered at Police Station Daba, District Ludhiana on the basis of compromise dated 22.12.2015 (Annexure P-2). Brief facts of the case are that the said FIR has been registered on the statement of Sukhwinder Singh son of Pal Singh- respondent No. 2 alleging commission of above-said offences.

Learned counsel for the petitioners 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 22.12.2015 (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to Naresh Kumar 2017.02.07 13:50 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-44266-2015 -2the genuineness and validity or otherwise of the compromise dated 22.12.2015 (Annexure P-2), by way of order dated 29.03.2016, by this Court.

In compliance of order dated 29.03.2016 of this Court, the report of the Judicial Magistrate 1st Class, Ludhiana, dated 07.05.2016 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainant have been recorded to the same effect. Moreover, accused Gurpreet Singh son of Ajit Singh had been declared proclaimed offender in the present case.

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. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder 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.60 dated 03.05.2014, under Sections 323, 341, 354, 295, 506, 148 and 149 IPC, registered at Police Station Daba, District Ludhiana and all the subsequent proceedings arising therefrom qua petitioners are hereby quashed, on the basis of compromise dated 22.12.2015 (Annexure P-2). .

The present petition stands disposed of.

January 10, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.02.07 13:50 I attest to the accuracy and integrity of this document Chandigarh