Baljeet Singh And ANR v. State Of Punjab And Another

N.C. No.2023:PHHC:118700

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-27210-2023 (O&M) Date of decision: 11.09.2023 BALJEET SINGH AND ANOTHER ....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Sukhmeet Singh, Advocate for the petitioners. Mr. Harpreet Singh, Additional AG Punjab.

Mr. Puneet Sharma, Advocate for Mr. J.S. Bhinder, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 20.05.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 13.04.2022 420 IPC Kot Ise Khan, District Moga 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 20.05.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate First Class, Moga vide report dated 08.08.2023 has apprised this Court that the compromise arrived at between the parties is genuine and SANDAL SHARMA 2023.09.12 17:21 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:118700 CRM-M-27210-2023 (O&M) -2without any pressure.

3.

Respondent No. 2 is represented by her counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the Judicial Magistrate First Class, Moga and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has herself compromised the dispute with the petitioners/accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.38 dated 13.04.2022, under Section 420 of IPC registered at Police Station Kot Ise Khan, District Moga (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 11.09.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.09.12 17:21 I attest to the accuracy and authenticity of this order/judgment