Citation : 2023 Latest Caselaw 12127 P&H
Judgement Date : 7 August, 2023
2023:PHHC:101926 CRM-M-23374-2023 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 275 CRM-M-23374-2023 Date of decision:07.08.2023 Saroop Singh and another ... Petitioners Vs. State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Tarun Singla, Advocate for the petitioners.
Mr. Anup Singh, AAG, Punjab.
Mr. Deepak Kohli, Advocate for Mr. Gagandeep Singh, Advocate for respondent No.2.
2K 2 3 SUVIR SEHGAL J. (ORAL)
1. Instant petition has been filed under Section 482 of Cr.P.C. for
quashing of FIR No.32 dated 22.02.2023 under Sections 452, 323, 506 and 34 of IPC, 1860, registered at Police Station Dayalpura, District Bathinda, Annexure P-1, alongwith all subsequent proceedings arising therefrom, on the basis of panchayati compromise, Annexure P-2, arrived at between the parties.
2. Pursuant to order dated 09.05.2023 passed by this Court, report has been received from the Trial Court, relevant extract of which is as
under:-
"71. As per the statement of ASI Amritpal Singh -- Investigating Officer, there are two accused, namely, Saroop Singh and Jagseer Singh @ Jagsir Singh.
2. As per the statement of ASI Amritpal Singh -- Investigating Officer, none of the accused has been
SHEETAL
2023.08.08 17:20
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2023:PHHC:101926
declared a proclaimed offender.
3. The compromise arrived at between the parties is genuine, voluntary and without any coercion or undue influence, being outcome of their free will and consent."
3. Counsel representing respondent No.2 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.32 dated 22.02.2023 under Sections 452, 323, 506 and 34 of IPC, 1860, registered
at Police Station Dayalpura, District Bathinda, Annexure P-1, along with
all subsequent proceedings arising therefrom, are quashed qua the
petitioners.
07.08.2023 (SUVIR SEHGAL)
sheetal JUDGE Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
SHEETAL
2023.08.08 17:20
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