Arshdeep Kumar And Others v. State Of Punjab And Others

CRM-M-35905-2023 (O&M) 2023:PHHC: 136955

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-35905-2023 (O&M) DATE OF DECISION: 19.10.2023 Arshdeep Kumar and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM :

HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Deepak Aggarwal, Advocate, for the petitioners.

Mr. Hakam Singh, AAG, Punjab.

Mr. Sandeep Sharma, Advocate, for respondents No.2 to 4.

ARUN MONGA, J. (ORAL) Petitioners seek quashing of FIR No.54 dated 09.03.2023 (Annexure P-1) registered under Sections 323, 324, 506, 148, 149 of IPC and Section 326 of IPC (added later on) at Police Station, Samrala, District Khanna on the basis of compromise (Annexure P-2), stated to have been arrived between the parties.

2.

Since quashing was sought on the basis of compromise, this Court on 26.07.2023 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements in support of the compromise. A veracity report was also called for. 3.

Report dated 29.08.2023 of learned Additional Civil Judge (Senior Division)-cum-SDJM, Samrala received, same reveals that statements of complainant party i.e. respondents No.2 to 4 as also of accused/present petitioners herein, were duly recorded. It is opined that a compromise has been arrived at without any pressure, undue influence or coercion. The report is accompanied by the statements of parties. It is apparent JYOTI THAKUR 2023.10.21 10:07 I attest to the accuracy and integrity of this order/judgement

CRM-M-35905-2023 (O&M) 2023:PHHC: 136955 that the complainant/respondents No.2 to 4 and accused/petitioners have arrived at a compromise voluntarily and without any coercion. 4.

Learned counsel for complainant/respondents No.2 to 4 states that he would have no objection to the quashing of FIR in question. 5.

This Court in appropriate cases can exercise the power under Section 482 Cr.P.C. for quashing of criminal proceedings/FIR on the basis of compromise. A reference in this regard may be made to a decision dated 29.09.2021 of the Supreme Court in case titled Ramgopal and anr. V. The State of Madhya Pradesh1and a Full Bench decision of this Court in Kulwinder Singh and others V. State of Punjab and others2. 6.

In the premise it is an appropriate case for exercise of power under Section 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of impugned FIR.

7.

Petition is thus allowed. FIR No.54 dated 09.03.2023 (Annexure P-1) registered under Sections 323, 324, 506, 148, 149 of IPC and Section 326 of IPC (added later on) at Police Station, Samrala, District Khanna and all proceedings emanating there from qua the petitioners stand quashed. 8.

Pending application(s), if any, shall also stand disposed of. 19.10.2023 (ARUN MONGA) Jyoti Thakur JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No 1Criminal Appeal No.1489 of 2012 22007 (3) RCR (Criminal) 1052 JYOTI THAKUR 2023.10.21 10:07 I attest to the accuracy and integrity of this order/judgement