Ram Singh v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-41409-2024 (O&M)
Reserved on: 12.11.2024
Date of Pronouncement: 18.11.2024
Ram Singh ... Petitioner(s)
Versus
State of Punjab & another
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Vaibhav Narang, Advocate for the petitioner(s).
Mr. Akshay Kumar, AAG, Punjab.
Ms. Sapna Khurana, Advocate for respondent no.2.
*** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 27.12.2015 Kathu Nangal, District Amritsar 384, 506 IPC The petitioner(s), arraigned as accused in the above captioned FIR, has 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 criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-2.
3.
After that, the petitioner(s) came up before this Court to quash the FIR, impleading the aggrieved persons as respondent no.2. 4.
Pursuant to order of this Court dated 17.09.2024, the aggrieved person(s) (Respondent no.2) appeared before the Judicial Magistrate Ist Class, Amritsar and stated that there would be no objection if the Court quashes this FIR and consequent proceedings. The relevant extract of the report of the concerned Court reads as follows:
Name of the reporting Court Judicial Magistrate Ist Class, Amritsar
Criminal Case no.
before trial Court -- 1.
Names of the complainant/ victims(s)/ aggrieved persons(s) Amandeep Kaur 2.
Dates on which the statement(s) of the complainant/ victims(s)/ aggrieved persons(s) were recorded 22.10.2024 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) Ram Singh 7.
Dates on which the statement(s) of the accused persons(s) recorded 22.10.2024 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?
Yes 11.
Notice of accusation /Charges have been framed or not?
Yes 12.
Sections of statutes invoked in the matter 384, 506 IPC 13.
Whether the court is satisfied with the genuineness of the compromise?
Yes ANALYSIS & REASONING:
5.
An analysis of the FIR reveals that there are specific allegations against the petitioner that he had also given threats to Komal, Mangal Singh etc. However, the petitioners have neither arraigned them as respondent(s) in this case nor their statements have been recorded before the trial Court/Illaqa Magistrate. 6.
Since all the victims did not state 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-victim 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 November 2024 AK Whether speaking/reasoned :
Yes Whether reportable :
No