High Court of Punjab and HaryanaCRM-M/47131/2024allowed

Anoop Singh And ORS v. State Of Punjab And ORS

2024-11-29Mr. Justice N.S. Shekhawat2 pages

CRM-M-47131-2024 202/2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-47131-2024 Date of decision: 29.11.2024 ANOOP SINGH AND ORS

...Petitioner(s)

VERSUS

STATE OF PUNJAB AND ORS

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:

Mr. Ramesh Sharma, Advocate for the petitioner(s).

Ms. Manjot Kaur, AAG, Punjab.

Mr. Ankit Bhardwaj, Advocate for Mr. B. S. Jaswal, Advocate for respondents No.2 and 3.

**** N. S. SHEKHAWAT, J. (Oral) The instant petition has been filed under Section 482 of Cr.P.C for quashing of DDR No.27 dated 11.09.2022, under Sections 341,323,324,148,149 of IPC, (326 and 34 of IPC added later on) in FIR No. 237 dated 10.09.2022, registered under Sections 323, 324, 326, 148, 149, 427, 506, 452,34 of IPC, Police Station Sultanpur Lodhi, District Kapurthala (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 06.09.2024 (Annexure P-3).

Vide order dated 24.09.2024 while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 06.09.2024 (Annexure P-3).

MAMTA 2024.12.02 12:00 I attest to the accuracy and integrity of this order/judgment

CRM-M-47131-2024 Pursuant to aforesaid order, the parties have appeared before the Sub Divisional Judicial Magistrate, Sultanpur Lodhi and got their statements recorded. Report dated 29.11.2024 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence. I have heard counsel for the parties and gone through the case file. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner(s).

Resultantly, DDR No.27 dated 11.09.2022, under Sections 341,323,324,148,149 of IPC, (326 and 34 of IPC added later on) in FIR No. 237 dated 10.09.2022, registered under Sections 323, 324, 326, 148, 149, 427, 506, 452,34 of IPC, Police Station Sultanpur Lodhi, District Kapurthala (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner(s).

(N. S. SHEKHAWAT) 29.11.2024 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2024.12.02 12:00 I attest to the accuracy and integrity of this order/judgment