Daljit Singh Alias Daljeet Singh Alias Jeet And ORS v. State Of Punjab And ORS
--1--
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Reserved on : 01.03.2023 Pronounced on: 11.04.2023 Daljit Singh alias Daljeet Singh alias Jeet and others ......Petitioners Vs.
State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Narinder Singh Dadwal, Advocate for the petitioners. Mr. I.P.S. Sabharwal, DAG, Punjab.
Mr. Jagjit Singh, Advocate for respondents No.2 to 4. *** ANOOP CHITKARA J.
FIR No.
Dated Police Station Sections 04.07.2013 City Jagraon, District 452, 323, 506, 148, 149 IPC Ludhiana Rural The petitioners, arraigned as accused in the above captioned FIR, have 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-3. 3.
After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondents. 4.
This court had asked the parties to appear before the concerned court and had asked the said court to give its report as per the format. The report reads as follows: Name of the reporting Court Smt. Suman Pathak, Sub Divisional Judicial Magistrate, Jagraon
--2-- FIR No.
Dated Police Station Sections 04.07.2013 City Jagraon 452, 323, 506, 148 & 149 IPC Criminal Case no.
before trial Court CHI-279-2014 1.
Names of the complainant/ victims(s)/ aggrieved persons(s) Baljit Singh complainant/victim Gurinder Singh victim Sharnjot Singh victim 2.
Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded Statement of Baljit Singh and Gurinder Singh recorded on 10.02.2023 Statement of Sharnjot Singh recorded on 27.10.2022 3.
Has the identity of the complainant/ victims(s)/ aggrieved persons(s) been verified?
Yes 4.
Whether all the victims/ all the aggrieved persons have compromised the matter?
Yes 5.
Is there pressure, threat, or coercion upon the victim(s)/aggrieved person(s)/complainant?
No 6.
Names of the accused person(s) Daljit Singh @ Daljeet Singh @ Jeet Butta Singh son of Darshan Singh, Bharpoor Singh @ Bharpur Singh, Parkash Singh, Iqbal Singh, Nirmal Singh, Harjinder Singh, Guga Singh @ Jasbir Singh, Buta Singh @ Boota Singh son of Shinder Singh @ Harjinder Singh, Sarbjit Kaur, Baljit Kaur and Harjinder Kaur @ Rajinder Kaur and Om Parkash since deceased 7.
Dates on which the statement(s) of the accused persons(s) recorded 27.10.2022, 10.02.2023 and 16.02.2023 8.
Whether all the accused have compromised the matter? If no, then the names of the accused who have compromised.
Yes 9.
Whether proclamation proceedings are pending against any accused?
No 10.
Has the police report been filed or not?
Yes 11.
Notice of accusation /Charges have been framed or not?
Yes 12.
Sections of statutes invoked in the matter 452, 323, 506, 148, 149 IPC 13.
Whether the court is satisfied with the genuineness of the compromise?
Yes ANALYSIS & REASONING:
5.
However, the petitioners did not arraign the aggrieved persons/Amarjit Kaur and
--3-- Kulwinder Kaur as respondents in this case.
6.
Since all the victims/aggrieved persons 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 to re-examine the complainant/aggrieved person and the accused, whose statements stand recorded. The copies of the statements alongwith report would suffice. Petition dismissed in the terms mentioned above, with liberty reserved. Pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 11.04.2023 anju rani Whether speaking/reasoned:
Yes Whether reportable:
No.