Punjab-Haryana High Court
Sahil And Ors vs State Of Punjab And Others on 5 January, 2022
CRM-M-13841-2021 --1--
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-13841-2021
Reserved on : 15.12.2021
Pronounced on: 05.01.2022
Sahil and others ......Petitioners
Vs.
State of Punjab and others ......Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Amit Dhawan, Advocate for the petitioner(s).
Mr. Harsimar Singh Sitta, AAG, Punjab.
Ms. Nritika Verma, Advocate for respondents No.2 to 5.
***
ANOOP CHITKARA J.
FIR No. Dated Police Station Sections
419 27.10.2020 Division No.5, District 323, 324, 506, 148 & 149 IPC
Police Commissionerate,
Jalandhar
The petitioners, who have been arraigned as accused in the above captioned
FIR, have come up before this Court under Section 482 CrPC to quash the FIR and all
consequential proceedings based on the compromise with the victims.
2. The gist of the allegations against the petitioner(s) is that on 27.10.2020, police
recorded the statement of the complainant (respondent No.2 herein) under Section 154
Cr.P.C. in the following terms:-
He alleged that on 25.10.2020 at about 10 pm, when he had gone to the house of
his friend then he heard a commotion in the street. He noticed that Sahil, Paras Kumar,
Jhumru and 5-6 unidentified persons were making noise. All of them were having iron
datar and they caught hold him and started assaulting him with the iron datar etc. On
1 of 3
CRM-M-13841-2021 --2--
hearing hue and cries, the passer byes gathered and rescued him from their clutches. In
the meantime his friend Ajay Dev and Mohan Lal also came but they also inflicted
injuries upon them and thereafter they ran away from the spot.
3. During the pendency of the petition, the accused and the injured have entered into
an out of Court compromise, and its copy is annexed with this petition as Annexures P-
2 & P-3.
4. Learned counsel appearing for respondents No.2 to 5 submits that they have no
objection if the present FIR along with all consequential proceedings, is quashed.
5. The petitioners have come up before this Court to quash the FIR along with all
consequential proceedings based on the compromise and in the quashing petition, the
injured have been impleaded as respondent(s).
6. Vide order dated 26.03.2021, Co-ordinate Bench of this Court had permitted the
parties to get their statements recorded, which is reproduced as under:-
"Case is being taken up for hearing through Video Conferencing due to
Covid-19 pandemic.
Prayer in the petition under Section 482 Cr.P.C. is for quashing of FIR
No.419 dated 27.10.2020, registered under Sections 323, 324, 506, 148, 149 IPC,
1860 at Police Station Division No.5, District Police Commissionerate Jalandhar
along with all consequential proceedings emanating therefrom, on the basis of
affidavits, Annexure P/2 and P/3 dated 18.01.2021 and 08.01.2021 respectively, as
well as the decision of Hon'ble the Full Bench of this Court in Kulwinder Singh
Versus State of Punjab 2007(3) RCR (Criminal) 1052.
Notice of motion.
Mr. Sandeep Singh Deol, DAG, Punjab, accepts notice on behalf of
respondent No. 1 and states that he does not wish to file reply in view of amicable
settlement of the dispute amongst the parties on the basis of affidavits, Annexure
P/2 and P/3 dated 18.01.2021 and 08.01.2021 respectively as well as the judgment
cited by learned counsel for the petitioners.
Mr. Vishesh Dogra, learned counsel accepts notice and puts in
appearance on behalf of respondent Nos.2 to 5 and states that he has no objection,
if the aforementioned FIR and all consequential proceedings emanating therefrom
are quashed in view of on the basis of affidavits, Annexure P/2 and P/3 dated
18.01.2021 and 08.01.2021 respectively as well as the judgment cited by learned
counsel for the petitioners.
Accordingly, in view of the position as noted above, the parties are
directed to put in appearance before the learned IllaqaMagistrate/ Duty
Magistrate concerned for recording of their statements in terms of affidavit,
Annexure P/2 and P/3 dated 18.01.2021 and 08.01.2021 respectively on
12.04.2021,or any other date thereafter, convenient to the learned Illaqa
Magistrate/ Duty Magistrate concerned.
Report regarding genuineness of the compromise as also whether any
other person(s) has/ have been nominated as accused and whether any person(s)
has / have been declared proclaimed offender, whether challan has been filed,
whether there is any cross case etc. be filed before this Court by the next date.
List on 11.05.2021.
Reply, if any, be filed in the meantime."
2 of 3
CRM-M-13841-2021 --3--
7. In compliance to the order dated 26.03.2021, passed by this Court, report of the
learned JMIC, Jalandhar, has been received. As per the statement of ASI Balwinder
Kumar recorded on oath, it is specifically stated that Abhay Dev, Mohan Lal, Jadwinder
@ Rinku & Ram Partap were also injured in the said occurrence. A perusal of the
report received from the concerned Magistrate reveals that although the accused persons
had made statement regarding compromise but the statement of Mohan Lal alone was
recorded. Thus there is no statement of injured persons-Ram Partap, Abhay Dev and
Jadwinder @ Rinku.
8. On 17.11.2021, time was also extended to appear before the concerned Court for
recording the statements of the parties, but the aforesaid injured persons did not appear
before the Court for recording their statements.
9. Given above, the petition is dismissed. However, liberty is reserved to the
petitioners to file a fresh quashing petition in which there shall be no necessity for re-
recording of the statement of the accused and Mohan Lal. But the petitioners can seek
statement regarding all the other injured persons. It shall be open that the petitioners
may pray for call for the record of CRM-M-13841-2021 in the fresh petition, if filed. It
shall also be open to annex the copies of the statements.
(ANOOP CHITKARA)
JUDGE
05.01.2022
anju rani
Whether speaking/reasoned: Yes
Whether reportable: No
3 of 3
