Kulwant Singh And ORS. v. State Of Punjab And Another



IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-42502-2022 Reserved on : 15.02.2023 Pronounced on: 14.03.2023 Kulwant Singh and others ......Petitioners Vs.

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Jasneet Mehra, Advocate for the petitioners. Mr. Amit Shukla, AAG, Punjab.

Ms. Rishma Verma, Advocate for respondent No.2. *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 18.06.2018 Division No.1, Jalandhar 323, 324, 506 & 34 IPC 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-2. 3.

After that, the petitioners came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent. 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 Ms.

Shagun, PCS-cum-Judicial Magistrate Ist Class, Jalandhar

 FIR No.

Dated Police Station Sections 18.06.2018 Division No.1, Jalandhar 323, 324, 506 & 34 IPC Criminal Case no.

before trial Court CRM/372/2023 1.

Names of the complainant/ victims(s)/ aggrieved persons(s) Sahib Singh 2.

Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded 07.02.2023 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)

1. Kulwant Singh

2. Jaswant Singh

3. Pappu Singh 7.

Dates on which the statement(s) of the accused persons(s) recorded 07.02.2023 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?

No 11.

Notice of accusation /Charges have been framed or not?

No 12.

Sections of statutes invoked in the matter 323, 324, 506 & 34 IPC 13.

Whether the court is satisfied with the genuineness of the compromise?

Yes ANALYSIS & REASONING:

5.

However, the petitioners did not arraign all the victims i.e. Balraj @ Billa-brother of the complainant, as respondents in this case.

6.

Since all the victims 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 14.03.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.