Harjinder Kaur And ORS v. State Of Punjab And Others

CRM-M No. 39586-2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No.39586-2022

Reserved on: 16.01.2023

Pronounced on: 06.02.2023 Harjinder Kaur and others ......Petitioners Vs.

State of Punjab and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rohit Samhotra, Advocate, for the petitioners.

Mr. Harsimar Singh Sitta, DAG, Punjab.

Mr. Siddharth Sharma, Advocate for respondents No. 2 to 5.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 03.07.2019 Bholath, District Kapurthala 323, 324, 336, 341, 148, 149 IPC (452 IPC added later on) 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. 2.

During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-3. 3.

After that, the petitioner came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent. 4.

On 17.09.2022, the aggrieved person Paramjeet Kaur (R-2) appeared on behalf of herself and on behalf of Gursimran Singh (R-3) as power of attorney holder before the SDJM, Bholath and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 11.10.2022, the parties consented to the quashing of FIR and consequent proceedings without any threat. 5.

One of injured/victim i.e. respondent No. 5 not appeared before the trial Court nor any time was sought by counsel for the parties. Since all the aggrieved persons did not agree for JYOTI 2023.02.07 09:23 I attest to the accuracy and integrity of this order/judgment.

CRM-M No. 39586-2022 --2-- compromise, as such this court cannot proceed further in this matter. 6.

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 aggrieved persons and the accused persons, 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 06.02.2023 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.02.07 09:23 I attest to the accuracy and integrity of this order/judgment.