Sukhwinder Singh And ORS v. State Of Punjab And ANR
CRM-M-48541-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-48541-2024 (O&M) Date of Decision:- 08.11.2024
....Petitioner(s)
Versus
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mr. Parunjeet Singh, Advocate for Mr. Manoj Kaushik, Advocate for the petitioners. Mr. Ankit Grewal, DAG Punjab.
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$ #!( ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 16.09.2024 (Annexure P-3) executed between the parties. Details of the FIR are as follows: FIR No.
Dated Sections Police Station 20.04.2022 323, 324, 148, 149 IPC Dera Baba Nanak, District Batala 2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 16.09.2024 (Annexure P-3), 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 SANDAL SHARMA 2024.11.11 17:30 I attest to the accuracy and authenticity of this order/judgment
CRM-M-48541-2024 (O&M) -2- parties. The learned Sub Divisional Judicial Magistrate, Batala vide report dated 28.10.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.20,000/- in compliance to the order dated 04.10.2024.
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 Sub Divisional Judicial Magistrate, Batala 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 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.42 dated 20.04.2022 under Sections 323, 324, 148, 149 of IPC registered at Police Station Dera Baba Nanak, District Batala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 08.11.2024 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No SANDAL SHARMA 2024.11.11 17:30 I attest to the accuracy and authenticity of this order/judgment