Pargat Singh And ORS v. State Of Punjab And Another

1 CRM-M-50257-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.50257 of 2024(O&M) Date of Decision: 14.10.2024 Pargat Singh and Others ... Petitioners

Versus

State of Punjab and Another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Arshdeep Singh Brar, Advocate for the petitioners.

Ms. Swati Batra, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 14.06.2016 Sadar Moga, District Moga 420, 465, 467, 468, 471, 120-B IPC Seeking quashing of FIR captioned above, the petitioner has come up before this Court under Section 528, BNSS.

2.

Mr. Gurbinder Singh, Advocate has put in appearance and has filed power of attorney on behalf of respondent No.2 in Court today which is taken on record. 3.

State counsel has opposed the maintainability of the present petition on the ground that two of the accused have been convicted by the trial Court. Now, the appeal is pending before the Sessions court and this Court is not seized of the matter. State counsel further submits that a perusal of the petition simply refers to quashing of consequent proceedings whereas the judgment of conviction is already there and under challenge before the Sessions Court concerned. 4.

Faced with this, counsel for the petitioner seeks to withdraw the present petition with liberty to refer to the point of compromise as a mitigating factor before the Sessions Court for reducing the sentence to already undergone or to file fresh petition for quashing of FIR and judgment of conviction and order of sentence based on compromise. 5.

Counsel for the respondent No.2-victim submits that he would have no objection in case such an application/petition is filed for reduction of sentence to already undergone based on the mitigating factor of compromise between the parties or fresh petition is Sonia Puri 2024.10.15 18:09 I attest to the accuracy and integrity of this document

2 CRM-M-50257-2024 filed.

6.

Given above, the present petition is disposed of as withdrawn with liberty aforesaid. All pending application(s), if any, stand disposed of. (ANOOP CHITKARA) JUDGE 14.10.2024 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.10.15 18:09 I attest to the accuracy and integrity of this document