Upkar Chand v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-36595-2023(O&M) Date of decision: 10.01.2024 Upkar Chand
...Petitioner(s)
Versus
State of Punjab and another
...Respondent(s)
CORAM:
HON'BLE MR.JUSTICE KARAMJIT SINGH
Present:
! ***** KARAMJIT SINGH , J. (Oral) Prayer in this petition is for quashing of FIR No.14 dated 17.02.2022 registered under Sections 457, 380 of IPC at Police Station Sadar Gurdaspur, District Gurdaspur on the basis of compromise. The above stated FIR was registered on the statement of the complainant/respondent No.2.
On notice of motion, respondent No.2 appeared in the Court through his counsel and pleaded that he has no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.
During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.
In compliance thereof, report from the Court of Additional Chief Judicial Magistrate, Gurdaspur along with statements of the parties Priyanka Thakur 2024.01.12 10:36 I attest to the accuracy and integrity of this document
:2:
CRM-M-36595-2023(O&M) has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. I have heard learned counsel for the parties. Learned counsel for the petitioner(s) and for respondent No.2 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion. In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law.
For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.14 and all the subsequent proceedings are hereby quashed qua the petitioner. "##"!#!
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* + Priyanka Thakur 2024.01.12 10:36 I attest to the accuracy and integrity of this document