Kuldeep Sharma And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-39937-2021 Date of Decision: 21.12.2021 Kuldeep Sharma and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. H.S. Deol, Advocate for Mr. Bhupinder Banga, Advocate for the Petitioners.

Mr. Kirat Singh, Deputy Advocate General, Punjab for Respondent No.1/State.

Mr. APS Gill, Advocate for LRs of Respondent No.2/Complainant.

SUDIP AHLUWALIA J. (ORAL) In this Petition, the petitioners, who are the accused persons in FIR No.160 dated 31.10.2014 under Sections 420, 465, 467, 468 & 120-B of the IPC registered at Police Station Nurpur Bedi, District Rupnagar (Annexure P-1), have prayed for quashing of F.I.R. with all subsequent proceedings arising therefrom, on the basis of compromise. 2.

Now the LRs of the Complainant/Respondent No.2, pursuant to death of the Complainant on 13.09.2017, have arrived at a settlement with the accused persons vide Compromise Deed (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 DEEPAK KUMAR 2021.12.21 15:56 I attest to the accuracy and integrity of this document

CRM-M-39937-2021 -2compromise arrived at between the parties. The Ld. Sub Divisional Judicial Magistrate, Sri Anandpur Sahib, vide report dated 11.11.2021 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

LRs of Respondent No.2 are represented by Counsel who does not dispute the factum of compromise.

4.

In view of the report of the Ld. Sub Divisional Judicial Magistrate, Sri Anandpur Sahib, 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 with the criminal proceedings pending, since the LRs of Complainant have themseleves compromised the dispute with the Petitioners/accused persons.

5.

In the circumstances, the present petition is allowed. FIR No.160 dated 31.10.2014 under Sections 420, 465, 467, 468 & 120-B of the IPC registered at Police Station Nurpur Bedi, District Rupnagar (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the Petitioners.

December 21, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No DEEPAK KUMAR 2021.12.21 15:56 I attest to the accuracy and integrity of this document