Neutral Citation No:=2023:PHHC:098480
2023:PHHC:098480
CRM-M-9540-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(258) CRM-M-9540-2022
Date of decision:- 01.08.2023
Gora Singh and others ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Manav Dhull, Advocate for
Mr. Gurvinder Singh Aulakh, Advocate for the petitioners.
Mr. Kunwarbir Singh, AAG, Punjab for State-respondent No.1.
None for respondent No.2.
***
SUVIR SEHGAL, J. (Oral)
1. Instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.0125 dated 09.08.2021, registered for offences under Sections 379-B and 34, IPC, however, later on Section 411, IPC was added, at Police Station Gidderbaha, District Sri Muktsar Sahib, Annexure P-1, along with all subsequent proceedings arising therefrom, on the basis of the panchayati compromise dated 21.12.2021, Annexure P-2, arrived at between the parties.
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2. Heard counsel for the petitioner.
3. Perusal of the allegations levelled in the FIR, Annexure P-1, shows that the petitioners entered the shop of the complainant and snatched mobiles from him. As per allegations, complainant followed the accused and apprehended petitioner No.1, who disclosed the name of other two accused. During investigation, offence under Section 411, IPC has been added. Although, pursuant to order passed by this Court, statements of the parties have been recorded and a report has been received from the Trial Court, but considering the nature of allegations levelled against the petitioners, the gravity of offence and the severity of punishment, which is likely to be imposed in case the petitioners are convicted, as well as judgment of the Supreme Court in State of Madhya Pradesh Versus Laxmi Narayan and others 2019 (2) RCR (Criminal) 255, this Court is not inclined to accept the prayer made in the petition.
4. Petition is dismissed.
5. It is clarified that nothing said hereinabove shall be construed to be an expression of opinion on the merits of the case.
(SUVIR SEHGAL)
JUDGE
01.08.2023
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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