Jasvir Singh And Others v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-30795-2020 (O&M)
Reserved on: 15.02.2023
Pronounced on: 01.03.2023 Jasvir Singh & others ... Petitioner(s)
Versus
State of Punjab & another
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Gopal Singh Nahel, Advocate for the petitioner(s).
Mr. Amit Shukla, AAG, Punjab.
Mr. R.S. Sidhu, Advocate for respondent no.2.
*** ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 10.02.2019 City Dhuri, District 452, 323, 447, 511, 506, 34 IPC Sangrur The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person, annexing a copy of the compromise with this petition as Annexure P-2. 2.
The petitioners have impleaded the aggrieved person-complainant as respondent no.2 in this petition.
3.
This court had asked the parties to appear before the concerned court and had asked the said court to give its report as per the format.
4.
The report so received from the concerned court reads as follows: Name of the reporting Court Sub Divisional Judicial Magistrate, Dhuri Criminal Case no.
before trial Court -- 1.
Names of the complainant/ victims(s)/ aggrieved persons(s) Kavita Rani widow of Kuldeep Singh 2.
Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded 31.01.2023 3.
Has the identity of the complainant/ victims(s)/ aggrieved persons(s) been verified?
Yes.
4.
Whether all the victims/ all the aggrieved persons have compromised the matter?
Yes.
5.
Is there pressure, threat, or coercion upon the victim(s)/aggrieved person(s)/complainant?
No.
6.
Names of the accused person(s) Jasvir Singh (since died), Sukhwinder Kaur @ Beant Kaur and Hardev Singh 7.
Dates on which the statement(s) of the accused persons(s) recorded 31.01.2023 8.
Whether all the accused have compromised the matter? If no, then the names of the accused who have compromised.
Yes.
9.
Whether proclamation proceedings are pending against any accused?
No 10.
Has the police report been filed or not?
No 11.
Notice of accusation /Charges have been framed or not?
No 12.
Sections of statutes invoked in the matter 452, 323, 447, 511, 506, 34 IPC 13.
Whether the court is satisfied with the genuineness of the compromise?
Yes.
ANALYSIS & REASONING:
5.
However, a close scrutiny of the case file reveals that the petitioners did not arraign Simran Kaur, victim, as a respondent in this case.
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/aggrieved person and the accused, whose statements stand recorded. The copies of the statements along with report would suffice. Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE March 01, 2023 AK Whether speaking/reasoned :
Yes Whether reportable :
No