Gora Singh And Ors vs State Of Punjab And Another
2023 Latest Caselaw 11514 P&H

                                                     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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Neutral Citation No:=2023:PHHC:098480

2023:PHHC:098480

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

Neutral Citation No:=2023:PHHC:098480

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