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High Court of Punjab and HaryanaCRM-M/26933/2022dismissed

Jasvir Kaur And Others v. State Of Punjab And Others

2022-09-30Mr. Justice Anoop Chitkara2 pages

CRM-M No.26933 of 2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No.26933 of 2022

Reserved on: 22.07.2022

Pronounced on: 30.09.2022 Jasvir Kaur and others ......Petitioners Vs.

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

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Shivender Pal Singh, Advocate, for the petitioners.

Mr. Harsimar Singh Sitta, AAG, Punjab.

Mr. B.S. Bhalla, Advocate, for respondents No.2 to 6.

*** ANOOP CHITKARA J.

Cross Case version under Sections 323, 341, 506, 148, 149 IPC (later on added Sections 324, 326 IPC IN FIR No.

Dated Police Station Sections 30.04.2019 Division No.6, Ludhiana 295, 323, 325, 341, 506, 148, 149 IPC The petitioners, arraigned as accused in the DDR of the above captioned FIR, have come up before this Court under Section 482 Cr.P.C. for quashing of the DDR 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 DDR, and in the quashing petition, impleading the aggrieved persons as respondents. JYOTI 2022.10.01 02:16 I attest to the accuracy and integrity of this document

CRM-M No.26933 of 2022 --2-- 4.

On 13.07.2022, the aggrieved person Dilpreet Singh (R-2) appeared before the JMIC, Ludhiana and stated that there would be no objection if the court quashes this DDR and consequent proceedings. As per the concerned court's report dated 20.07.2022, the parties consented to the quashing of DDR and consequent proceedings without any threat. ANALYSIS & REASONING:

5.

However, the statements of other injured Kuldeep Singh, Kuljit Singh, Lakhvir Kaur and Jagdeep Singh with respect to compromise was not recorded before the concerned court. 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 the complainant and the accused, whose statements stand recorded. The copies of the statements alongwith report would suffice.

Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE 30.09.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.10.01 02:16 I attest to the accuracy and integrity of this document