Imam Hussain And ORS v. State Of Punjab And ANR

CRM-M-25333-2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-25333 of 2019 (O&M) Date of decision: October 31, 2019 Imam Hussain and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. S.S.Gill, Advocate for Mr. B.S.Baath Advocate for the petitioners.

Mr. Amitoj Singh Dhaliwal, D.A.G., Punjab.

Mr. Ritesh Kumar Sharma, Advocate for respondent No. 2.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of Rapat No. 24 dated 27.09.2017 registered for offences punishable under Sections 323, 325, 341 read with Section 34 of Indian Penal Code (for short IPC) in FIR No.319 dated 23.09.2017 along with all consequential proceedings arising therefrom, registered for offences punishable under Sections 323, 341, 506, 148 read with Section 149 IPC at Police Station Nakodar Sadar, District Jalandhar on the basis of the compromise in the shape of affidavit (Annexure P-3).

As per the case of prosecution, the occurrence took place on 22.09.2017, when the complainant was going on his motor cycle, he was stopped at Kapurthala Chowk at Nakodar and caused injuries by petitioners. Learned counsel for the petitioners submits that the matter has since been settled vide compromise in the shape of affidavit, copy of which JYOTI 2019.11.04 09:58 I attest to the accuracy and integrity of this document

CRM-M-25333-2019 -2has been placed on file as Annexure P-3.

Learned counsel for respondent No.2-complainant endorses the submission of learned counsel for the petitioners and has no objection if the impugned DDR is quashed. He further submits that the parties have effected compromise in the main case and filed quashing petition bearing CRM No. M-42037 of 2018 in which the compromise was produced as Annexure P-2 and statements of parties as per the compromise has also been recorded. He has no objection if the present petition seeking quashing of cross-case be also quashed.

Learned State counsel has also not disputed compromise in the shape of affidavit (Annexure P-3).

In view of submission of learned counsel for respondent No. 2, I am of the considered opinion that it is a fit case in which the impugned DDR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the DDR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned DDR No. 24 dated 27.09.2017 in FIR No. 319 dated 23.09.2017 registered at Police Station Nakodar Sadar, District Jalandhar along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

October 31, 2019 (SURINDER GUPTA) Jyoti-II JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JYOTI 2019.11.04 09:58 I attest to the accuracy and integrity of this document