Nirmal Singh And ORS v. State Of Punjab And Others

CRM-M No. 25573 of 2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 25573 of 2022

Reserved on: 16.08.2022

Pronounced on: 23.09.2022 Nirmal Singh and others ......Petitioners Vs.

State of Punjab and others ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. K.S. Kahlon, Advocate for the petitioners. Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

Mr. Varun Sharma, Advocate for respondents No. 2 and 3. *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 25.06.2016 Kotli Surat Malhi, Police 323, 452, 506, 427, 148, 149 IPC District Batala, District Gurdaspur The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 Cr.P.C for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved persons. 2.

During the pendency of the petition, the accused and the aggrieved persons have compromised the matter, and its copy is annexed with this petition as Annexure P-2. 3.

After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondents. 4.

On 29.7.2022, the aggrieved person Davinder Singh (R-2) appeared before the JMIC, Batala and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 3.8.22, the parties consented to the quashing of FIR and consequent proceedings without any threat. JYOTI 2022.09.26 14:57 I attest to the accuracy and integrity of this document

CRM-M No. 25573 of 2022 --2-- ANALYSIS & REASONING:

5.

The petitioner had submitted that aggrieved respondent Sawinder Singh was in Canada and that he would never travel for merely recording of statement. Hence, his presence be dispensed with and substituted with a declaration regarding the compromise. However, no such declaration has been put on record.

6.

Since all the victims did not state about their no objection to the compromise and also the reasons which led to the compromise, as such this court cannot proceed further in this matter.

7.

Given above, the petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition and there would be no necessity re-examine Davinder Singh and the accused, whose statements stand recorded. The copies of the statements along with report would suffice.

Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE 23.09.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.09.26 14:57 I attest to the accuracy and integrity of this document