Raj Kumar v. State Of Punjab And ANR

N.C. No.2024:PHHC:002108

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-63905-2023 (O&M) Date of decision: 09.01.2024 RAJ KUMAR ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANR

...Respondent(s)

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

Mr. Amit Puri, Advocate for the petitioner.

Mr. Gurpreet Singh Sandhu, DAG Punjab.

Mr. Bhavnik Mehta, 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, petitioner seeks quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 15.04.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 16.03.2018 380 and 411 IPC Ghanaur, District Patiala 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 15.04.2023 (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 Judicial Magistrate First Class, Rajpura vide report dated 04.01.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

SANDAL SHARMA 2024.01.12 10:50 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:002108 CRM-M-63905-2023 (O&M) -23.

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, Rajpura 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.22 dated 16.03.2018 under Sections 380 and 411 of IPC registered at Police Station Ghanaur, District Patiala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner.

(SANJIV BERRY) JUDGE 09.01.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.01.12 10:50 I attest to the accuracy and authenticity of this order/judgment