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High Court of Punjab and HaryanaCRM-M/36914/2022dismissed

Harjinder Singh And Others v. State Of Punjab And Another

2023-02-06Mr. Justice Anoop Chitkara2 pages

CRM-M No. 36914 of 2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No.36914 of 2022

Reserved on: 16.01.2023

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

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

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Kamal Narula, Advocate for the petitioners.

Mr. Harsimar Singh Sitta, DAG, Punjab.

Mr. Munish Gulati, Advocate, for respondent No.2.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 04.12.2020 Arif Ke, District Ferozepur 308, 323, 148, 149 IPC The petitioner, arraigned as accused in the above captioned FIR, has 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-2. 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 09.09.2022, the aggrieved person Daljit Singh (R-2) appeared before the JMIC, Ferozepur 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 17.09.2022, the parties consented to the quashing of FIR and consequent proceedings without any threat. JYOTI 2023.02.07 09:23 I attest to the accuracy and integrity of this order/judgment.

CRM-M No. 36914 of 2022 --2-- ANALYSIS & REASONING:

5.

However, the petitioners did not arraign victims-Sukhdev Singh and Surjit Singh as respondents 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 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.