Lovepreet Singh And Anr vs State Of Punjab And Another
2023 Latest Caselaw 21016 P&H

Punjab-Haryana High Court

Lovepreet Singh And Anr vs State Of Punjab And Another on 4 December, 2023

Author: Vikas Suri

Bench: Vikas Suri

132 2023:PHHC:155344
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-54711-2023
Date of Decision: 04.12.2023

LOVEPREET SINGH AND ANR ....Petitioner(s)
VERSUS
STATE OF PUNJAB AND ANOTHER ....Respondent(s)

CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present: Mr. Kanwaljeet Singh, Advocate
for the petitioners.

Mr. Satvir Singh, Advocate
for respondent No.2.

Mr. Gurvinder Singh Sidhu, AAG, Punjab.

3 2k ie 2
VIKAS SURI, J. (Oral)

1. Prayer in this petition filed under Section 482 Cr.P.C. for

quashing of case FIR No.250 dated 17.12.2022 under Sections 323, 341, 506 & 34 IPC registered at Police Station Sadar Dhuri, District Sangrur and all subsequent proceedings arising therefrom qua the petitioners on the basis of compromise dated 05.10.2023 (Annexure P-2) effected between the parties.

2. On advance notice, status report by way of affidavit dated 04.12.2023 has been filed in this case, which is taken on record.

3. Learned State counsel submits that the present petition is misconceived as after thorough investigation, a cancellation report

was presented before the Court, which was accepted vide order dated

CRM-M-54711-2023 2 2023:PHHC:155344 31.08.2023. The aforesaid order passed by learned Judicial

Magistrate 1* Class, Dhuri, being a set of two orders of even date, reads as under:-

"Perusal of file reveals that the complainant Gurwinder Singh @ Lavi has already suffered a statement in the Court that he is agree with the investigation conducted by the police and he has no objection, if the present untraced report be accepted.

In view of statement of complainant, the present untraced report filed by the police of police station, Sadar Dhuri is hereby accepted. Complainant is at liberty to get reopen the case as and when the accused person is traced or arrested in the present case. Police papers be returned to quarter concerned and judicial

papers be consigned to Record Room, Dhuri.

Date of Order: 31.08.2023 (Ramndeep Kaur) Jyoti, Stenographer-III JMIC, Dhuri UID No.PB 0679

File taken up again, a perusal of file reveals that the present report is a cancellation report but inadvertently in zimni order, it was mentioned as untraced report instead of cancellation report. Mistake stands rectified. Hence, present cancellation

report is hereby accepted. File be consigned to record

room Dhuri.

Date of Order: 31.08.2023 (Ramandeer Kaur) Jyoti, Stenographer-III JMIC, Dhuri UID No.PH 0679"

4, Faced with the above, learned counsel for the petitioner

submits that the aforesaid second part of the order dated 31.08.2023

sanceera Wa hot to the notice of the petitioners and hence, the present petition I Ofeatto She dec racy and

authenticity of this

order/judgment

CRM-M-54711-2023 3 2023: PHHC:155344

was instituted. He further submits that no further orders are required

to be passed in the present petitioner and the same be disposed of as

such.

5. Disposed of accordingly.

(VIKAS SURI) December 04, 2023 JUDGE Sangeeta Whether reasoned/speaking: Yes/No

Whether reportable: Yes/No