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High Court of Punjab and HaryanaCRM-M/64991/2023allowed

Rajinder Kaur And Another v. State Of Punjab And Another

2024-12-19Mr. Justice Sanjiv Berry3 pages

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-64991-2023 (O&M) Date of Decision:- 19.12.2024   

 ....Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER

...Respondent(s)

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

Mr. Harsh Chopra, Advocate for the petitioners. Mr. Amit Shukla, AAG Punjab.

           ! ***** 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 judment of conviction dated 23.10.2017 and order dated 25.10.2017 passed by learned ""#$"  %" &#  $ '()*!+ and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 31.03.2023 (Annexure P-4) executed between the parties. Details of the FIR are as follows: FIR No.

Dated Sections Police Station 19.04.2010 419, 420, 467, 468, 471 and 120-B IPC Morinda, District Rupnagar 2.

With the intervention of respectables and elderly people of the

-2society, the parties have arrived at a settlement vide compromise deed dated 31.03.2023 (Annexure P-4), 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, Rupnagar vide report dated 16.12.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.4,000/- in compliance to the order dated 29.11.2024.

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 Additional Chief Judicial Magistrate, Rupnagar and in view of the decision of the Hon'ble Supreme Court in "Ramgopal And Another Vs State of Madhya Pradesh, 2021 SCC Online SC 834 " , "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.55 dated 19.04.2010 under Sections 419, 420, 467, 468, 471 and 120-B IPC registered at Police Station Morinda, District Rupnagar (Annexure P-1) along with judment of conviction dated 23.10.2017 and order dated

-325.10.2017 passed by learned ""#$"  %" &#, Rupnagar (Annexure P-2) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 19.12.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No