Vishal And Others v. State Of Punjab And Another

114-2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-24592 & 24598-2021 in/and CRM-M-40685-2020 Date of Decision : 16.08.2021 Vishal and others .....Petitioners

Versus

State of Punjab and another .....Respondents CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Ms. Satpreet Grewal, Advocate for the Applicants/Petitioners.

Mr. H.S. Multani, AAG, Punjab for Respondent No.1/State.

Ms. Suminderdeep Kaur, Advocate for the Complainant/Respondents No.2 SUDIP AHLUWALIA, J. (ORAL) CRM-24592-2021 For the reasons mentioned in the application, the prayer for preponement is allowed and the matter is taken up on Board for consideration, today itself.

Application stands disposed off.

CRM-24598-2021 Allowed as prayed for.

CRM-M-40685-2020 In this petition, the Petitioners, who are the accused persons in F.I.R No.92, dated 18.11.2013, under Sections 323, 324, 506 and 34 of the Indian Penal Code, registered at Police Station Hariana, District Hoshiarpur (Annexure P-1), have prayed for quashing of F.I.R. with all subsequent proceedings arising therefrom, on the basis of compromise. APURVA 2021.08.16 16:35 I attest to the accuracy and integrity of this document

CRM-24592 & 24598-2021 in/and -2CRM-M-40685-2020 2.

Now the Complainant has arrived at a settlement with the accused persons vide Compromise, Annexure P-6, which is duly signed by him. 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 Ld. Judicial Magistrate 1st Class, Hoshiarpur, vide report dated 22.01.2021 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondent No. 2 is represented by his Counsel who does not dispute the factum of compromise.

4.

In view of the report of the Ld. Judicial Magistrate 1st Class, Hoshiarpur, 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/Respondent No.2 has himself compromised the dispute with the Petitioners/accused persons.

5.

In the circumstances, the present petition is allowed. F.I.R No.92, dated 18.11.2013, under Sections 323, 324, 506 and 34 of the Indian Penal Code, registered at Police Station Hariana, District Hoshiarpur (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the Petitioners.

August 16, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No APURVA 2021.08.16 16:35 I attest to the accuracy and integrity of this document