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High Court of Punjab and HaryanaCRM-M/28668/2023allowed

Stephen @ Paster Stifan And Another v. State Of Punjab And Another

2024-05-09Mr. Justice Sanjiv Berry2 pages

CRM-M-28668-2023 (O&M) -1- 

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-28668-2023 (O&M) Date of Decision:- 09.05.2024   

     ....Petitioner(s)

Versus

      

...Respondent(s)

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

Mr. Gagandeep Singh Simble, Advocate for the petitioners. Mr. Adesh Pal Singh, AAG Punjab.

Mr. Deepshivjot Mann, 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 P1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 22.05.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 27.10.2021 295-A and 120-B of the IPC Civil Lines Batala, Police District Batala, District Gurdaspur 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 22.05.2023 (Annexure P-2), which is duly signed by them. The matter was SANDAL SHARMA 2024.05.14 10:32 I attest to the accuracy and authenticity of this order/judgment

CRM-M-28668-2023 (O&M) -2-  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           vide report dated 29.09.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. 3.

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

4.

In view of the aforesaid report of the     

, Batala 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 the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.212 dated 27.10.2021 under Sections 295-A and 120-B of IPC registered at Police Station Civil Lines Batala, Police District Batala, District Gurdaspur (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 09.05.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No SANDAL SHARMA 2024.05.14 10:32 I attest to the accuracy and authenticity of this order/judgment