Harinder Batra v. State Of Punjab And Others
CRM-M-38174-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-38174-2024 (O&M) Date of Decision:- 30.08.2024 ....Petitioner(s)
Versus
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mrs. R.K. Grewal, Advocate for the petitioner. Mr. Harkanwar Jeet Singh, AAG Punjab.
Ms. Amandeep Kaur, Advocate for respondent Nos.2 and 3. ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR (Annexure P1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 03.07.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.
Dated Sections Police Station 23.04.2024 406 and 420 IPC City Rajpura, District Patiala 2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 03.07.2024 (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 learned Sub Divisional Judicial Magistrate, Rajpura vide report SANDAL SHARMA 2024.08.31 16:22 I attest to the accuracy and authenticity of this order/judgment
CRM-M-38174-2024 (O&M) -2- dated 27.08.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioner has also deposited the cost of Rs.10,000/- in compliance to the order dated 07.08.2024.
3.
Respondent Nos.2 and 3 are represented by their counsel and do not oppose the compromise.
4.
In view of the aforesaid report of the Sub Divisional Judicial Magistrate, Rajpura 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 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.74 dated 23.04.2024 under Sections 406 and 420 of IPC registered at Police Station City Rajpura, District Patiala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner.
(SANJIV BERRY) JUDGE 30.08.2024 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No SANDAL SHARMA 2024.08.31 16:22 I attest to the accuracy and authenticity of this order/judgment