Gurjit Singh And Ors vs State Of Punjab And Others
2023 Latest Caselaw 11693 P&H

                                                    Neutral Citation No:=2023:PHHC:099228




                                                           2023:PHHC:099228
CRM-M-50647-2022                  -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                              CHANDIGARH


(272)
                                                           CRM-M-50647-2022
                                               Date of Decision:- 02.08.2023


Gurjit Singh and others                              ...Petitioners

                                      VERSUS

State of Punjab and others                           ...Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL


Present:- Mr. Kashav Chadha, Advocate for
          Mr. Rahul Bhargava, Advocate
          for the petitioners.

          Mr. Kunwarbir Singh, AAG, Punjab
          for State-respondent No.1.

          Mr. Prikshit Thakur, Advocate
          for respondents No.2 to 4.

                    ****

SUVIR SEHGAL, J. (Oral)

1. Instant petition has been filed under Section 482 of the Code of

Criminal Procedure, 1973 for quashing of FIR No.150 dated 20.08.2022,

registered for offences under Sections 323, 325, 452, 506, 148 and 149 of

the Indian Penal Code, 1860, at Police Station Gharinda, District Amritsar

Rural, Annexure P-1, along with all subsequent proceedings arising

therefrom, on the basis of compromise dated 12.09.2022, Annexure P-2,

arrived at between the parties.

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2. Pursuant to order dated 05.01.2023 passed by this Court, report

has been received from the Trial Court, relevant extract of which is as

under:-

"i. That the present case was got registered by complainant Kulwinder Singh against accused Gurjit Singh, Alson Masih, Danier @ Dani, Karan Masih, Amarjeet Singh, Rajesh Masih and Gullu Masih. Complainant, injured Mandeep Singh and Jagbir Singh and the above named accused appeared in the Court and have got recorded their statements regarding compromise Thus, there are seven persons arrayed as accused in the FIR who are the petitioners before the Hon'ble High Court.

ii. That as per the statement of Investigating Officer, seven accused namely Gurjit Singh, Alson Masih, Danier @ Dani, Karan Masih, Amarjeet Singh, Rajesh Masih and Gullu Masih are involved in the present FIR and neither accused are declared as proclaimed offender nor they are involved in any other criminal case except the present FIR. iii. That the case is still at investigation stage and challan has not been presented in this case. iv. That there is only one complainant namely Kulwinder Singh and two injured namely Mandeep Singh and Jagbir Singh and all these persons are arrayed as respondents before the Hon'ble High Court. v. That from the statements of the complainant and the accused, I am satisfied that compromise between the parties is genuine and valid, and without any coercion or undue influence from any corner."

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3. Counsel representing respondents No.2 to 4 does not have any

objection in case the compromise is given effect to.

4. Heard counsel for the parties.

5. Dispute has been amicably resolved amongst the parties with the

intervention of the respectables by virtue of compromise, Annexure P-2.

6. In view of the report given by the Trial Court and the judgment of

the Supreme Court in Gian Singh Versus State of Punjab and another,

2012(4) RCR (Criminal) 543 and a Full Bench of this Court in Kulwinder

Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this

Court is of the view that keeping the criminal proceedings alive would not

serve any purpose and setting them aside would enable the parties to lead a

harmonious and peaceful life.

7. Accordingly, the petition is allowed. FIR No.150 dated

20.08.2022, registered for offences under Sections 323, 325, 452, 506, 148

and 149 of the Indian Penal Code, 1860, at Police Station Gharinda, District

Amritsar Rural, Annexure P-1, along with all subsequent proceedings

arising therefrom, are quashed qua the petitioners.

                                           (SUVIR SEHGAL)
                                               JUDGE
02.08.2023
Kamal


        Whether Speaking/Reasoned                   Yes/No
        Whether Reportable                          Yes/No

Neutral Citation No:=2023:PHHC:099228

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