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High Court of Punjab and HaryanaCRM-M/57866/2023allowed

Gurjeet Singh And Others v. State Of Punjab And Another

2024-02-02Mr. Justice Sanjiv Berry2 pages

N.C. No.2024:PHHC:014659

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-57866-2023 (O&M) Date of decision: 02.02.2024 GURJEET SINGH AND OTHERS ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

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

Mr. Angrej Singh, Advocate for Mr. Amitoj Singh, Advocate for the petitioners. Mr. Harpreet Singh, Additional AG Punjab.

Mr. Ranwant Singh Sangha, 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 DDR (Annexure P-1) registered in FIR No.82 dated 13.05.2018 under Sections 341, 323, 506, 148, 149 and 427 IPC at Police Station City Dirba, District Sangrur all consequential proceedings arising therefrom on the basis of compromise/settlement dated 06.10.2023 (Annexure P-3) executed between the parties. Details of the DDR are as follows:

DDR No.

Dated Sections Police Station 17.05.2018 341, 323, 506, 148, 149 IPC City Dirba, District Sangrur 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 06.10.2023 (Annexure P-3), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report SANDAL SHARMA 2024.02.07 10:35 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:014659 CRM-M-57866-2023 (O&M) -2with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate First Class, Sunam vide report dated 29.01.2024 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 Judicial Magistrate First Class, Sunam 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. DDR No.32 dated 17.05.2018 under Sections 341, 323, 506, 148, 149, 427 of IPC registered at Police Station City Dirba, District Sangrur (Annexure P-1) in FIR No.82 dated 13.05.2018 under Sections 341, 323, 506, 148, 149 and 427 IPC at Police Station City Dirba, District Sangrur and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 02.02.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.02.07 10:35 I attest to the accuracy and authenticity of this order/judgment