Sunil @ Billa And ORS v. State Of Punjab And Another

N.C. No.2023:PHHC:162657

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-52518-2023 (O&M) Date of decision: 18.12.2023 SUNIL @ BILLA AND ORS ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

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

Mr. Ankit Bhardwaj, Advocate for Mr. B.S. Jaswal, Advocate for the petitioners. Mr. Aditya Kapoor, AAG Punjab.

Mr. Nitin Sharma, 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, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 30.09.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 13.12.2021 341, 452, 323, 324, 326, 506, 427, 148 and 149 IPC Sadar Amritsar, BDivision, Amritsar 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 30.09.2023 (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 Chief Judicial Magistrate, Amritsar vide report dated 13.12.2023 has apprised this Court that the compromise arrived at between the SANDAL SHARMA 2023.12.19 18:16 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:162657 CRM-M-52518-2023 (O&M) -2parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.10,000/- in compliance to the order dated 29.11.2023. 3.

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

4.

In view of the aforesaid report of the Additional Chief Judicial Magistrate, Amritsar 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.290 dated 13.12.2021 under Sections 341, 452, 323, 324, 326, 506, 427, 148 and 149 IPC registered at Police Station Sadar Amritsar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 18.12.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.12.19 18:16 I attest to the accuracy and authenticity of this order/judgment