Kapil Mittal And Another v. State Of Punjab And Another
CRM-M-63885-2023 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-63885-2023 (O&M) Date of Decision:- 23.07.2024 KAPIL MITTAL AND ANOTHER ....Petitioner(s)
Versus
STATE OF PUNJAB AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mr. Achin Gupta, Advocate for the petitioners. Mr. Adesh Pal Singh, AAG Punjab.
Mr. Varun Gupta, 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 27.11.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.
Dated Sections Police Station 22.05.2023 454, 380 IPC;
(201 IPC added later on) Maur, District Bathinda 2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 27.11.2023 (Annexure P-2), which is duly signed by them. The matter was SANDAL SHARMA 2024.07.24 17:43 I attest to the accuracy and authenticity of this order/judgment
CRM-M-63885-2023 (O&M) -2- 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
vide report dated 10.01.2024 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 learned
, Talwandi Sabo 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.45 dated 22.05.2023, under Sections 454, 380 IPC (201 IPC added later on) of IPC registered at Police Station Maur, District Bathinda (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 23.07.2024 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No SANDAL SHARMA 2024.07.24 17:43 I attest to the accuracy and authenticity of this order/judgment