Citation : 2022 Latest Caselaw 10274 P&H
Judgement Date : 31 August, 2022
CRM-M-5479-2022(0&M) -1- 251 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5479-2022(0&M) Date of Decision : 31.08.2022 ROHIT AND OTHERS ...Petitioners Versus STATE OF PUNJAB AND ANOTHER ..Respondent CORAM:- HON'BLE MR. JUSTICE SANJAY VASHISTH Present:- Mr. Aseem Monga, Advocate for Mr. Bhawesh Chaudhary, Advocate for the petitioners. Mr. Anmol Singh Sandhu, AAG, Punjab. Mr. Harish Mehla, Advocate for respondent No. 2. SANJAY VASHISTH, J. (Oral)
By way of present petition filed under Section 482, Cr.P.C., petitioners are seeking quashing of FIR No. 0248, dated 22.10.2021 (Annexure P-1), for the offences punishable under Sections 323, 452, 504, 34 IPC, registered at Police Station, City Phagwara, District Kapurthala and all the consequential proceedings arising therefrom, on the basis of compromise deed dated 28.12.2021 (Annexure P-2).
Report from learned Trial Court has been received after recording the statements of parties on the compromise. Trial Court has
also sent a copy of statements of both the parties. The trial Court has
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2022.09.01 16:25
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CRM-M-5479-2022(0&M) -2-
reported that the compromise reached between the parties is voluntary, without any pressure or coercion.
Learned counsel for respondent No.2, also does not dispute the compromise.
Learned State counsel submits that respondent No.2 is the only aggrieved person and no useful purpose would be served to keep the proceedings pending in the FIR.
In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.
Following the principles laid down by the Full Bench
judgment of this Court in Kulwinder Singh and others v. State of
Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H) and
approved by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and others, (2012)10 SCC 303, this petition is allowed and FIR No. 0248, dated 22.10.2021 (Annexure P-1), for the offences punishable under Sections 323, 452, 504, 34 IPC, registered at Police Station, City Phagwara, District Kapurthala, and all the consequential proceedings emanating therefrom are hereby quashed qua all petitioners in the present petition, on the basis of compromise deed dated 28.12.2021 (Annexure P-
2).
Needless to say that the parties shall remain bound by the
terms of compromise and their statements made before the Court below.
31.08.2022 (SANJAY VASHISTH) Riya JUDGE Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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2022.09.01 16:25
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CRM-M-5479-2022(0&M)
RIYA
2022.09.01 16:25
| attest to the accuracy and authenticity of this document
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