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High Court of Punjab and HaryanaCRM-M/44866/2022dismissed

Parvinder Singh And Others v. State Of Punjab And Others

2023-04-11Mr. Justice Anoop Chitkara2 pages

CRM-M-44866-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-44866-2022 (O&M)

Reserved on: 13.02.2023

Pronounced on: 11.04.2023 Parvinder Singh & others ... Petitioner(s)

Versus

State of Punjab & others

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Pawan Kumar, Advocate for the petitioner(s).

Mr. Mohit Thakur, AAG, Punjab.

Mr. Ankit Gupta, Advocate for respondents no.2 to 4.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 28.10.2017 Sultanwind, District Police 295-A, 323, 341, 506, 34 IPC Commissionerate Amritsar.

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(s). 2.

During the pendency of the petition, the accused and the aggrieved persons 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 respondents no.2 to 4. 4.

This court had asked the parties to appear before the concerned court and had asked the said court to give its report.

ASHWANI KUMAR 2023.04.11 17:05 I attest to the accuracy and authenticity of this order/judgment

CRM-M-44866-2022 5.

On 17.12.2022, the aggrieved persons respondents no.2 to 4 appeared before the JMIC, Amritsar and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 12.1.2023, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

6.

However, a perusal of reply reveals that the petitioners did not arraign Gurnam Singh as a respondent, who is also a victim in this case. 7.

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.

8.

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 persons and the accused, whose statements stand recorded. The copies of the statements along with report would suffice. Petition dismissed in the terms mentioned above, with liberty reserved. (ANOOP CHITKARA) JUDGE April 11, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2023.04.11 17:05 I attest to the accuracy and authenticity of this order/judgment