Citation : 2023 Latest Caselaw 11517 P&H
Judgement Date : 1 August, 2023
Neutral Citation No:=2023:PHHC:098210
CRM-M-1004-2019 Neutral Citation : 2023:PHHC:098210
113 (1st case)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-1004-2019 (O&M)
Date of decision : 01.08.2023
Charan Singh and another ... Petitioner(s)
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present: Mr. Suneet Pal Singh Aulakh, Advocate,
for the petitioners.
Mr. Joginder Pal Ratra, Sr. DAG, Punjab.
Mr. Amandeep Singh Sidhu, Advocate,
for Mr. Veer Devinder Singh, Advocate,
for respondent No.2.
None for respondent No.3, despite service.
MAHABIR SINGH SINDHU, J.
Present petition has been filed under Section 482 of the Code of
Criminal Procedure, 1973 (for short, 'the Cr.P.C.'), praying for quashing of
FIR No.231 dated 16.08.2010 (P-1), registered under Sections 341, 323,
506, 34 (Sections 325 & 201 added subsequently) of the Indian Penal Code,
1860 (for short, 'the IPC'), registered at Police Station Payal, District
Ludhiana, along with all consequential proceedings arising therefrom,
including the judgment of conviction and order of sentence dated 09.12.2016
(P-2), passed by learned Sub Divisional Judicial Magistrate, Payal, on the
basis of compromise dated 17.12.2018 (P-3), entered into between the
parties i.e. petitioners as well as respondent No.2.
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Neutral Citation No:=2023:PHHC:098210
CRM-M-1004-2019 Neutral Citation : 2023:PHHC:098210
2. Concededly, an appeal against the judgment of conviction and
order of sentence dated 09.12.2016, is still pending before learned
Additional Sessions Judge, Ludhiana.
3. In view of the above, this Court is not inclined to entertain the
present petition.
4. Faced with the above situation, learned counsel, on instructions
from petitioner, wishes to withdraw the instant petition with liberty to pursue
the appeal.
5. Ordered accordingly.
6. However, it is observed that there would be no harm if learned
Appellate Court takes into consideration the compromise entered into
between the petitioner and respondent No.2 while deciding the appeal.
Learned Appellate Court is also requested to decide the matter expeditiously,
if there is no legal impediment.
01.08.2023 (MAHABIR SINGH SINDHU)
atulsethi JUDGE
Whether speaking/ reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:098210
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