Ramesh Kumar And Others v. State Of Punjab And Another

CRM-M No.9550-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-9550 of 2017 (O&M) Date of decision: Sept. 18, 2017 Ramesh Kumar and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Joginder Pal Ratra, Advocate for the petitioners.

Mr. Luvinder Sofat, Asstt. AG, Punjab.

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 FIR No.26 dated 03.02.2015 (Annexure P/1) along with all consequential proceedings arising therefrom, registered for offences punishable under Sections 323, 324, 326 Indian Penal Code (for short 'IPC') at Police Station Gate Hakima, Amritsar, on the basis of the compromise (Annexure P/2). As per case of the prosecution, on 30.01.2015 at about 06.00 p.m., petitioners caused simple injuries with sharp as well as blunt weapons and grievous injury with sharp edged weapon on the person of complainantrespondent No.2. Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file as Annexure P/2.

Learned State counsel has also not disputed compromise Sachin Mehta 2017.09.19 15:14 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M No.9550-2017 -2- (Annexure P/2).

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 04.09.2017 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine, voluntary, without any threat, undue influence or coercion. Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR 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 FIR No.26 dated 03.02.2015 (Annexure P/1) registered for offences punishable under Sections 323, 324, 326 IPC at Police Station Gate Hakima, Amritsar along with all consequential proceedings arising therefrom, qua petitioners, is quashed. September 18, 2017 (SURINDER GUPTA) Sachin M.

JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.09.19 15:14 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH