Wasakha Singh Gill And ORS. v. State Of Punjab And Others



 

       

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 44622 of 2022 Reserved on 10.01.2023 Pronounced on: 06.02.2023 Wasakha Singh Gill @ Wishaka Singh and others ......Petitioners Vs.

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

Present:

Mr. Parunjeet Singh, Advocate for the petitioner(s) Mr. Aditya Kapoor, AAG, Punjab.

Ms. Kunwar Rajan, Advocate for respondents No.2 and 3 *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 10.09.2019 Haibowal, Distt. Ludhiana 451, 323, 506, 342, 427, 148, 149 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(s). On the prayer of the parties, the Court dated 25.09.2022 had permitted the parties to appear before the concerned Court to record their statements.

4.

As per the report dated 30.11.2022 of the JMIC, Ludhiana, the parties have entered into out of Court compromise out of their own free will and statements of the complainants/injured have also been recorded on oath in which they stated that they had compromise the matter and no objection if the FIR is quashed. They further stated that they have no grievance against the accused persons. SONIA ARORA 2023.02.10 15:12 I attest to the accuracy and integrity of this document



 

         ANALYSIS & REASONING:

5.

However, the petitioners did not arraign Principal as a respondent in this case, despite the fact that allegations of misbehaviour levelled against him and was allegedly kept as a hostage.

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 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. (ANOOP CHITKARA) JUDGE 06.02.2023 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2023.02.10 15:12 I attest to the accuracy and integrity of this document