High Court of Punjab and HaryanaCRM-M/45272/2016allowed

Mandhir Jain & ORS v. State Of Punjab & ORS.

2017-04-25Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-45272 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-45272 of 2016 Date of decision : 25.04.2017 Mandhir Jain and others ......Petitioner versus State of Punjab and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sanjeev Goyal, Advocate for the petitioners Mr. A.P.S. Gill, AAG, Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 76 dated 09.11.2016 under Sections 379B/452-354/323/427/148/149 IPC, registered at Police Station City-II, Malerkotla, is being sought on the basis of compromise deed dated 15.11.2016 (Annexure P-3) The allegations against the petitioners is that they have beaten the complainant and his family members as there was dispute regarding throwing of garbage. The petitioners further snatched some gold articles of the complainant.

However, during the pendency of the investigation, the matter has now been duly compromised, on the basis of compromise deed dated 15.11.2016 (Annexure P-3).

In compliance of order dated 06.03.2017, report dated 05.04.2017 of Addl. Civil Judge (Sr. Divn) cum Sub Divn. Judicial Magistrate, Malerkotla has been received in this regard. As per report, GAURAV ARORA 2017.04.26 11:50 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-45272 of 2016 statement of the complainant and petitioners have been recorded and they stated that the matter has been duly compromised between them. The compromise has been entered voluntarily. The complainant has no objection if the F.I.R be quashed against the petitioners. Consequently, in view of the status report dated 05.04.2017 and in view of the judgment of the Hon'ble Supreme Court in cases of Dr. Arvind Barsaul etc. versus 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. 76 dated 09.11.2016 under Sections 379B/452-354/323/427/148/149 IPC, registered at Police Station City-II, Malerkotla, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

25.04.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.04.26 11:50 I attest to the accuracy and integrity of this document Chandigarh