Kartar Singh And ORS v. State Of Punjab And ORS

N.C. No.2024:PHHC:028005

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-64229-2023 (O&M) Date of decision: 28.02.2024 KARTAR SINGH AND ORS ....Petitioner(s)

Versus

STATE OF PUNJAB AND ORS

...Respondent(s)

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

Mr. Karandeep Singh Advocate for the petitioner(s). Mr. Japjot Singh, AAG Punjab.

Mr. Prince Pushpinder Rana, Advocate for respondent Nos.2 and 3. ***** 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 18.10.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 18.07.2023 341, 323, 149 IPC (325 IPC added later on) Sadar Faridkot, District Faridkot 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 18.10.2023 (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 Additional Chief Judicial Magistrate, Faridkot vide report dated 08.02.2024 has apprised this Court that the compromise arrived at between the SANDAL SHARMA 2024.03.01 15:47 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:028005 CRM-M-64229-2023 (O&M) -2parties is genuine and without any pressure. 3.

Respondent Nos.2 and 3 are represented by their counsel and do not oppose the compromise.

4.

In view of the aforesaid report of the learned Additional Chief Judicial Magistrate, Faridkot 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.133 dated 18.07.2023 under Sections 341, 323, 149 IPC (325 IPC added later on) registered at Police Station Sadar Faridkot, District Faridkot (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 28.02.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.03.01 15:47 I attest to the accuracy and authenticity of this order/judgment