High Court of Punjab and HaryanaCRM-M/8015/2016allowed

Jatinder Singh v. State Of Punjab & ORS

2017-03-16Ms. Justice Ritu Bahri2 pages

CRM-M-8015-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8015-2016 Date of Decision:- 16.03.2017 Jatinder Singh ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Navjinder Singh Sidhu, Advocate, for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab.

Mr. Swarn Tiwana, Advocate, for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.117 dated 25.11.2013, under Sections 354, 506 and 34 IPC, registered at Police Station Sadar Gurdaspur, on the basis of compromise dated 02.02.2016 (Annexure P-2).

Brief facts of the case are that on 23.11.2013, petitioner along with Dalbir singh son of Ajit Singh had gone to the house of the complainant Paramjit Kaur, which was under construction and it is alleged that the accused was removing earth from the boundary wall adjoining house of Jaswant Kaur wife of late Balwinder Singh and petitioner along with other co-accused went there and caught hold of the arm of the complainant Paramjit Kaur and did the obnoxious act. Learned counsel for the petitioner submits that keeping in view Naresh Kumar 2017.03.22 11:19 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-8015-2016 -2the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 02.02.2016 (Annexure P-2).

ASI Salinder Singh, the investigating officer, has identified the complainant-Paramjeet Kaur (respondent No.2), who is present in Court. Learned counsel for respondent No.2 has placed on the affidavit of complainant. As per her affidavit, she has compromised the mattter with the intervention of well wishers, relatives and does not want to proceed with the case further.

Consequently, in view of the above-said affidavit 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.117 dated 25.11.2013, under Sections 354, 506 and 34 IPC, registered at Police Station Sadar Gurdaspur,and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 02.02.2016 (Annexure P-2). The present petition stands disposed of.

March 16, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.03.22 11:19 I attest to the accuracy and integrity of this document Chandigarh