Yousaf Masih And Others v. State Of Punjab And Another
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-32001-2024 (O&M) Date of Decision:- 19.12.2024
....Petitioner(s)
Versus
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mr. Shivender Pal Singh, Advocate for Mr. B.S. Bhalla, Advocate for the petitioners. Mr. Amit Shukla, AAG Punjab.
!"# "! $%&''" ***** 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 02.07.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.
Dated Sections Police Station 14.05.2024 307, 341, 427, 336, 148, 149 IPC;
(later on Sections 323 and 324 IPC added);
25 of the Arms Act Raja Sansi, District Amritsar (Rural) 2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated
-202.07.2024 (Annexure P-2), which is duly signed by them. The matter was 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 learned Additional Sessions Judge, Amritsar vide report dated 09.12.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.25,000/- in compliance to the order dated 28.10.2024.
3.
Respondent No.2 is represented by his counsel and does not oppose the compromise. Learned counsel for respondent No.2 has placed on record self declaration of complainant/respondent No.2-Gurpreet Singh to the effect that the name of one person Kaka son of unknown was mentioned in the FIR, but there was no such person found and he has no objection if the present FIR is quashed.
4.
In view of the aforesaid report of the learned Additional Sessions Judge, Amritsar 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.38 dated 14.05.2024 under Sections 307, 341, 427, 336, 148, 149 IPC; (later on
-3Sections 323 and 324 IPC added); 25 of the Arms Act registered at Police Station Raja Sansi, District Amritsar (Rural) (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 19.12.2024 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No