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High Court of Punjab and HaryanaCRM-M/52356/2021allowed

Gurmeet Singh And ORS v. State Of Punjab And Others

2022-02-18Mr. Justice Pankaj Jain3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 18.02.2022 Gurmeet Singh and others ....Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Shadab Ahmad, Advocate for the petitioners.

Mr. Sandeep Vermani, Addl. Advocate General, Punjab for Respondent No.1/State.

Mr. Pankaj Garg, Advocate for respondents No.2 to 6 .

PANKAJ JAIN, J. (ORAL) The petitioners have approached this Court seeking quashing of DDR No.23 dated 08.04.2012, under Sections 323 & 24 of the Indian Penal Code, 1860, registered at Police Station Kot Dharmu, District Mansa (Annexure P-1) on the basis of Compromise Deed dated 19.10.2021 (Anneuxre P-2) .

  

   In this Petition, the Petitioners, who are the accused persons in DDR No.23 dated 08.04.2012, under Sections 323 & 24 of the Indian Penal Code, 1860, registered at Police Station Kot Dharmu, District Mansa (Annexure P-1), have prayed for quashing of F.I.R. with all subsequent proceedings arising therefrom, on the basis of compromise. Ld. Counsel for the Petitioners refers to the

Compromise Deed, Annexure P-2, and states that the matter has been amicably settled between the parties. Notice of motion.

On asking of the Court, Mr. S.S. Cheema, AAG, Punjab accepts notice on behalf of Respondent No.1/State. A copy of the paper-book be handed over to him.

At this stage, Mr. Pankaj Garg, Advocate has appeared and filed Power of Attorney on behalf of Respondents No.2 to 6 and admits the factum of compromise.

In view of the matter, the parties shall appear before the Ld. Trial Court/Illaqa Magistrate on 13.01.2022 for getting their statements recorded with regard to the compromise arrived at between them. Ld. Trial Court/Illaqa Magistrate after ensuring their identity as well as the fact that the statements are being made by them voluntarily and without any pressure, shall record the same and will submit its report well before the next date of hearing. The Magistrate shall also report about the veracity of the compromise apart from informing the names and number of the accused involved and whether any of the accused has been declared proclaimed offender in the case.

For awaiting Report, to come up on 18.02.2022." 

   

      



 

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 subsequent thereto against the present petitioners are quashed.

5.

Similarly, learned Additional Advocate General, Punjab has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2).

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    DDR No.23 dated 08.04.2012, under Sections 323 & 24 of the Indian Penal Code, 1860, registered at Police Station Kot Dharmu, District Mansa (Annexure P-1)

subsequent thereto are hereby quashed qua the present petitioners.

February 18, 2022 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No