Citation : 2022 Latest Caselaw 12721 P&H
Judgement Date : 30 September, 2022
CRM-M-26597-2022 (O&M) -1-
252 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-26597-2022 (O&M)
Date of Decision : 30.09.2022
Anuj Chahal and others ...Petitioners
Versus
State of Punjab and another ..Respondents
CORAM:- HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:- Mr. Ram Kumar Saini, Advocate for the petitioners.
Mr. Jaswinder Singh Arora, DAG, Punjab.
Mr. Pranjal P. Chaudhary, 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. 5, dated 05.01.2020
(Annexure P-1), for the offences punishable under Sections 382 and 34
IPC, registered at Police Station City Rupnagar, District Rupnagar, and
all the consequential proceedings arising therefrom, on the basis of
compromise deed dated 24.02.2020 (Annexure P-2).
Report dated 3.9.2022 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 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.
JAWALA RAM 2022.10.01 16:11 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-26597-2022 (O&M) -2-
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. 5, dated 05.01.2020 (Annexure P-1), for the offences punishable
under Sections 382 and 34IPC, registered at Police Station City
Rupnagar, District Rupnagar, and all the consequential proceedings
emanating therefrom are hereby quashed qua all petitioners in the present
petition, on the basis of compromise deed dated 24.02.2020 (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.
30.09.022 (SANJAY VASHISTH)
Riya JUDGE
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
JAWALA RAM
2022.10.01 16:11
I attest to the accuracy and
authenticity of this order/judgment.
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