Gurjit Singh Alias Gurjeet Singh Alias Laddi And Others v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-65186-2024 (O&M) Date of Decision:- 28.01.2025 GURJIT SINGH ALIAS GURJEET SINGH ALIAS LADDI AND OTHERS ....Petitioner(s)

Versus

STATE OF PUNJAB AND OTHERS

...Respondent(s)

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

Mr. Vikasdeep Singh, Advocate for Mr. Vikas Gupta, Advocate for the petitioners. Mr. Jatinder Pal Singh, Sr. DAG Punjab.







 


 ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, petitioners seek quashing of Criminal Complaint (Annexure P-1) and all consequential proceedings arising therefrom including summoning order dated 26.02.2024 (Annexure P-2) passed by learned Additional Chief Judicial Magistrate, Patti, District Tarn Taran on the basis of compromise/settlement dated 14.12.2024 (Annexure P4) executed between the parties. Details of the Criminal Complaint are as follows:

Criminal Complaint No.

Dated Sections Police Station 09.10.2017 307, 447, 326, 325, 323, 427, 148 and 149 IPC Sadar Tarn Taran, District Tarn Taran

-22.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 14.12.2024 (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 Sessions Judge, Tarn Taran vide report dated 27.01.2025 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.30,000/- in compliance to the order dated 07.01.2025.

3.

Respondents No. 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 Sessions Judge, Tarn Taran 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. Criminal Complaint No.219 dated 09.10.2017 under Sections 307, 447, 326, 325, 323, 427, 148 and 149 of IPC (Annexure P-1) and all consequential proceedings arising therefrom, including summoning order dated 26.02.2024 (Annexure

-3P-2) passed by learned Additional Chief Judicial Magistrate, Patti, District Tarn Taran are hereby quashed on the basis of compromise qua the present petitioners.

(SANJIV BERRY) JUDGE 28.01.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No