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High Court of Punjab and HaryanaCRM-M/53654/2023allowed

Rakesh Sharma@Rakesh Kumar v. State Of Punjab And Others

2023-11-21Mr. Justice Sanjiv Berry2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 21.11.2023 .....PETITIONER

VERSUS

.....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY.

Present:

Mr. Pawan Sharma, Advocate for the petitioner.

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 17.08.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 01.07.2017 406 of IPC NRI, Police Commissionerate Jalandhar 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 17.08.2023 (Annexure P-2), which is duly signed by them. The JATIN 2023.11.23 09:29 I attest to the accuracy and integrity of this document

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 Chief Judicial Magistrate, (NRI Court), Jalandhar vide report dated 18.11.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondent No.2 and 3 are represented by their counsel and do not oppose the compromise.

4.

In view of the aforesaid report of the learned Chief Judicial Magistrate, (NRI Court), Jalandhar 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 with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioner/ accused persons. FIR No.13 dated 01.07.2017, under Sections 406 of IPC registered at Police Station NRI, Police Commissionerate Jalandhar (SANJIV BERRY) JATIN 2023.11.23 09:29 I attest to the accuracy and integrity of this document