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High Court of Punjab and HaryanaCRM-M/52513/2023allowed

Tarun Kumar @ Tannu v. State Of Punjab And Another

2024-03-12Mr. Justice Sanjiv Berry2 pages

N.C. No.2024:PHHC:035167

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-52513-2023 (O&M) Date of decision: 12.03.2024 TARUN KUMAR @ TANNU ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Zorawar Singh Chauhan, Advocate for the petitioner(s). Mr. Harpreet Singh, Additional AG Punjab.

Mr. Jitender K. Sehrawat, Advocate for respondent No.2. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 20.09.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 29.07.2023 379-B IPC (411 IPC added later on) Division No.8, District Police Commissionerate, Ludhiana 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 20.09.2023 (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 report with respect to genuineness of the compromise arrived at between the parties. The learned Additional Sessions Judge, Ludhiana vide report dated 11.03.2024 has SANDAL SHARMA 2024.03.12 18:06 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:035167 CRM-M-52513-2023 (O&M) -2apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

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

4.

In view of the aforesaid report of the learned Additional Sessions Judge, Ludhiana 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.145 dated 29.07.2023 under Sections 379-B IPC (411 IPC added later on) registered at Police Station Division No.8, District Police Commissionerate, Ludhiana (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner. (SANJIV BERRY) JUDGE 12.03.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.03.12 18:06 I attest to the accuracy and authenticity of this order/judgment