Gurjeet Singh And Another v. State Of Punjab And Another

N.C. No.2023:PHHC:139387

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-40448-2023 (O&M) Date of decision: 31.10.2023 GURJEET SINGH AND ANOTHER ....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. M.S. Hundal, Advocate for the petitioners. Mr. Anmol Singh Sandhu, AAG Punjab.

Mr. Sumit Kumar, Advocate for Mr. Anuj Dewan, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 24.07.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 29.08.2019 336, 427, 506 IPC;

25 of Arms Act Khem Karan, Tarn Taran 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 24.07.2023 (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 Judicial Magistrate First Class, Patti vide report dated 23.10.2023 has apprised this SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:139387 CRM-M-40448-2023 (O&M) -2Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the costs of Rs.10,000/- in compliance to the order dated 05.09.2023.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the Judicial Magistrate First Class, Patti 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 has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.31 dated 29.08.2019 under Sections 336, 427, 506 IPC and 25 of Arms Act registered at Police Station Khem Karan, Tarn Taran (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 31.10.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.11.06 10:46 I attest to the accuracy and authenticity of this order/judgment