Karan Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 124+328 Date of decision: 31.10.2023 KARAN SINGH AND ANOTHER ....Petitioners

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Atinderpal Singh, Advocate for Mr. Naveen Batra, Advocate for the petitioners. Mr. Anmol Singh Sandhu, AAG Punjab.

Mr. Rahul Garg, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) CRM-39837-2023 The instant application under Section 482 CrPC has been moved by the petitioners seeking correction in prayer clause of the main petition by substituting the name of Police Station as Kiratpur Sahib in place of Nangal. 2.

It is, inter alia, contended that due to typographical error, the name of the Police Station has been inadvertently mentioned as Nangal in the headnote as well as in the prayer clause of the petition, whereas it should have been Police Station 'Kiratpur Sahib'.

3.

Keeping in view the averments made in the application and in the interest of justice, the present application is allowed. It is ordered that in the main petition, the name of the police station in the head note as well as prayer clause be corrected as Kiratpur Sahib in place of Nangal. 4.

Necessary corrections be made by the Office.

-25.

Disposed of.

CRM-M-46500-2023 By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 25.08.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 16.01.2020 458, 323 IPC Kiratpur Sahib, District Rupnagar 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 25.08.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate First Class, Sri Anandpur Sahib vide report dated 10.10.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. Petitioners have also deposited the costs of Rs.10,000/- in compliance to the order dated 15.09.2023. 3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the Judicial Magistrate First Class, Sri Anandpur Sahib and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6

-3SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.

In the circumstances, the present petition is allowed. FIR No.4 dated 16.01.2020 under Sections 458, 323 IPC of IPC registered at Police Station Kiratpur Sahib, District Rupnagar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 31.10.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No