Gurmandeep Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-23374-2024 (O&M)

Reserved on: 05.07.2024

Date of Pronouncement: 22.07.2024

Gurmandeep Singh ... Petitioner(s)

Versus

State of Punjab & another

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Ankit Joshi, Advocate for the petitioner(s).

Mr.Randhir Singh Thind, DAG, Punjab.

Mr. Ajay Singh, Advocate for respondent no.2.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 20.4.2024 Nehianwala, District Bathinda 324, 326, 34 IPC The petitioner(s), arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person(s). 2.

During the pendency of the criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-2.

3.

After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved persons as respondent no. 2. 4.

Pursuant to order of this Court dated 10.5.2024, the aggrieved person(s) (R-2) appeared before the Judicial Magistrate Ist Class-Bathinda and stated that there would

be no objection if the Court quashes this FIR and consequent proceedings. The report of concerned Court reads as follows:

Name of the reporting Court Judicial Magistrate Ist Class, Criminal Case no.

before trial Court CRM-3315-2024 1.

Names of the complainant/ victims(s)/ aggrieved persons(s) Sh. Jones Kumar 2.

Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded 31.5.2024 3.

Has the identity of the complainant/ victims(s)/ aggrieved persons(s) been verified?

Yes 4.

Whether all the victims/ all the aggrieved persons have compromised the matter?

Yes 5.

Is there pressure, threat, or coercion upon the victim(s)/aggrieved person(s)/complainant?

No 6.

Names of the accused person(s) Gurmandep Singh 7.

Dates on which the statement(s) of the accused persons(s) recorded 31.5.2024 8.

Whether all the accused have compromised the matter? If no, then the names of the accused who have compromised.

Yes.

9.

Whether proclamation proceedings are pending against any accused?

No 10.

Has the police report been filed or not?

No 11.

Notice of accusation /Charges have been framed or not?

No 12.

Sections of statutes invoked in the matter 324, 326, 34 IPC 13.

Whether the court is satisfied with the genuineness of the compromise?

Yes ANALYSIS & REASONING:

5.

A careful analysis of the FIR shows that the petitioner has not arraigned Gurtej Pal father of the complainant as a respondent in this case. His arms were twisted and was also given beatings with sticks by the accused. 6.

Since all the victims in the alleged incident did not state their no objection to the compromise and the reasons that led to the compromise, this Court cannot proceed further in this matter.

7.

Given the above, the petition is dismissed. However, liberty is reserved to the petitioner to file a fresh petition and there would be no necessity to re-examine the complainant/aggrieved person(s) and the accused, whose statements stand recorded. Copies of their statements along with the report would suffice. Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE July 22, 2024 AK Whether speaking/reasoned :

Yes Whether reportable :

No