Gurdeep Singh Alias Deepa And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 29.01.2025 GURDEEP SINGH ALIAS DEEPA AND OTHERS ....Petitioner(s)

VERSUS

STATE OF PUNJAB AND OTHERS ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

None for the petitioners.

Mr. Jasdeep Singh, DAG, Punjab.

None for respondent Nos.2 and 3.

**** SANJAY VASHISTH , J. (Oral) 1.

In the present compromise quashing petition on 04.10.2024, following order was passed:- 'Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.34 dated 17.03.2024, under Sections 452, 323, 506, 427, 148 and 149 IPC registered at Police Station Bagha Purana, District Moga along with all the subsequent proceedings arising therefrom, on the basis of compromise dated 11.09.2024 (Annexure P2).

2. Notice of motion.

3. Upon advance notice, Mr. Gurpartap Singh Bhullar, AAG, Punjab accepts notice on behalf of respondent No.1/State and Mr. Harmanbir Singh Sandhu, Advocate has put in appearance on behalf of respondents

No.2 and 3 and files his power of attorney in Court, which is taken on record. He has admitted the factum of compromise and supports the prayer made in the petition.

4. In view of the above, the parties and the Investigating Officer are directed to appear before the Area Magistrate/Trial Court on 16.10.2024 or on any day thereafter as fixed by the Trial Court, for getting their statements recorded with regard to the compromise. The Area Magistrate/Trial Court shall submit a report on or before the next date of hearing specifying the following:-

1. The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/P.O. in the case;

2. The name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;

3. The stage of trial/proceedings;

4. If the compromise is genuine, voluntary and out of free will of the parties.

5. Whether any other criminal case is pending against the accused.

Report of the Area Magistrate/Trial Court be awaited for 26.11.2024'

However, no one appeared on the date fixed before the Court of learned Magistrate for recording of the statement of the parties and the said fact was reported to this Court. Therefore, again on 26.11.2024, another chance was granted to the parties, order says as under:-

'Vide order dated 04.10.2024, the parties were directed to appear before the learned trial Court/Illaqa Magistrate for recording their statements. However, as per report dated 22.10.2024 received from the trial Court, the parties were not appear for recording their statements. Learned counsel for the parties prays for one last opportunity to appear before the learned trial Court/Illaqa Magistrate for recording the statements of the parties. Once again, parties are directed to appear before the learned trial Court/Illaqa Magistrate on 10.12.2024 for recording the statements in terms of order dated 04.10.2024, subject to payment of Rs.10,000/- to be deposited in the Poor Patient Welfare Fund, PGIMER, Chandigarh. For awaiting report, adjourned to 29.01.2025 '

Despite granting of two opportunities, none of the parties appeared for recording their statements. There is another report dated 17.12.2024 and as per the said report also none of the parties appeared before the Court for recording of their statements as per the directions already issued by this Court.

Accordingly, present petition is hereby dismissed, as same is not being prosecuted by the petitioners.

(SANJAY VASHISTH) January 29, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No