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High Court of Punjab and HaryanaCRM-M/43714/2020dismissed

Mohit Kumar Goyal And Another v. The State Of Punjab And Another

2022-07-14Mr. Justice Anoop Chitkara2 pages

CRM-M No.43714 of 2020 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No.43714 of 2020

Reserved on: 20.04.2022

Pronounced on: 14.07.2022 Mohit Kumar Goyal and another ......Petitioners Vs.

State of Punjab and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Gautam Dutt, Advocate with Mr. Ivan Singh Khosa, Advocate for the petitioners. Mr. H.S. Sitta, AAG, Punjab.

Mr. Ravish Bansal, Advocate for respondent No.2. *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 24.10.2019 City Kotkapura, District 420, 120-B IPC Faridkot The petitioners, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 Cr.P.C. 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-4. 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.

As per the report dated 02-02-2021 of JMIC, Faridkot and also another report dated 22-10-2021, the aggrieved persons' statement could not be recorded because the accused Mohit Kumar was allegedly arrested by police officials before recording of statement. Even the aggrieved person did not make any statement. JYOTI 2022.07.15 16:19 I attest to the accuracy and integrity of this document

CRM-M No.43714 of 2020 --2-- 5.

Since all the aggrieved person did not agree for compromise, as such this court cannot proceed further in this matter.

6.

Given above, the petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition and there would be no necessity re-examine the aggrieved persons(s) and the accused persons(s), whose statements stand recorded. The copies of the statements alongwith report would suffice.

Petition dismissed in the terms mentioned above, with liberty reserved. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 14.07.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.07.15 16:19 I attest to the accuracy and integrity of this document