Piara Singh And ANR. v. State Of Punjab And Another

N.C. No.2023:PHHC:139373

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-35413-2023 (O&M) Date of decision: 31.10.2023 PIARA SINGH AND ANOTHER ....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Charanpal Singh Bagri, Advocate for the petitioners. Mr. Anmol Singh Sandhu, AAG Punjab.

Ms. Ramandeep Kaur, Advocate for Mr. Santosh Kumar, Advocate for respondent No.2. ***** 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 P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 17.04.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 29.09.2022 406, 420, 120-B IPC Hathur, District Ludhiana, Rural 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 17.04.2023 (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 Judicial Magistrate First Class, Jagraon vide report dated 18.10.2023 has apprised this Court that the compromise arrived at between the parties is genuine and SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:139373 CRM-M-35413-2023 (O&M) -2without any pressure. The petitioners have also deposited the costs of Rs.10,000/- in compliance to the order dated 09.10.2023.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the Judicial Magistrate First Class, Jagraon 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 complainant has himself compromised the dispute with the petitioners/accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.91 dated 29.09.2022, under Sections 406, 420, 120-B of IPC registered at Police Station Hathur, District Ludhiana 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 31.10.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment