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High Court of Punjab and HaryanaCRM-M/54636/2023allowed

Sandeep Kumar And Others v. State Of Punjab And Another

2023-12-20Mr. Justice Sanjiv Berry2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 20.12.2023 .....PETITIONERS

VERSUS

.....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY.

Present:

Mr. A.S. Khosa, Advocate for the petitioners.

Mr. Harpal Singh Sidhu, Advocate for the respondent.

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 25.10.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 13.11.2020 67 of Information Technology Act, Gardiwala, District Hoshiarpur 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 25.10.2023 (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 Judicial Magistrate, 1st Class Dasuya, District Hoshiarpur vide report dated JATIN 2023.12.22 17:37 I attest to the accuracy and integrity of this document

18.12.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

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 Judicial Magistrate, 1st Class Dasuya, District Hoshiarpur 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 petitioners/ accused persons.

FIR No.106 dated 13.11.2020, under Section 67 of Information Technology Act, 2008 registered at Police Station Gardiwala, District Hoshiarpur (SANJIV BERRY) JATIN 2023.12.22 17:37 I attest to the accuracy and integrity of this document