Harsh Gosai And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 12.12.2023 .....PETITIONERS

VERSUS

.....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY.

Present:

Mr. Karan Choudhary, Advocate for the petitioners.

Mr. Parveen Kumar, Advocate for respondent No.2.

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 20.02.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 28.12.2022 341, 452, 323, 149 of IPC D-Division, 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 20.02.2023 (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 JATIN 2023.12.14 17:53 I attest to the accuracy and integrity of this document

report with respect to genuineness of the compromise arrived at between the parties. The learned Judicial Magistrate 1st Class, Amritsar vide report dated 08.12.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. 3.

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

4.

In view of the aforesaid report of the learned Judicial Magistrate 1st Class, Amritsar 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 SCC 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. FIR No.158 dated 28.12.2022, under Sections 341, 452, 323, 149 of IPC registered at Police Station D-Division, (SANJIV BERRY) JATIN 2023.12.14 17:53 I attest to the accuracy and integrity of this document