Punjab-Haryana High Court
Sahib Singh & Ors vs State Of Punjab & Anr on 8 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:157724
CRM-M-34190-2018 -1- 2023:PHHC:157724
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(240)
CRM-M-34190-2018
Date of Decision:- 08.12.2023
Sahib Singh @ Arshdeep Singh and others ...Petitioners
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Raghav Soni, Advocate for the petitioners.
Mr. Anup Singh, AAG, Punjab for State-respondent No.1.
Mr. Akhil Singh Arora, Advocate for the respondent No.2.
****
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.62 dated 24.04.2018,
registered for offences under Sections 323, 326 and 34, IPC, at Police Station
Sultanwind, Amritsar, District Amritsar, Annexure P-1, along with all
subsequent proceedings arising therefrom, on the basis of compromise deed
dated 29.05.2018, Annexure P-2, arrived at between the parties.
2. Counsel for the petitioners submits that FIR, Annexure P-1, is an
outcome of a minor altercation, which has been amicably settled between the
parties by compromise deed, Annexure P-2. He submits that the parties have
appeared before the Trial Court and their statements have been recorded.
3. Upon instructions, State counsel submits that the matter is under
investigation.
4. Counsel representing complainant-respondent No.2 does not have
any objection in case the criminal proceedings are set aside.
5. Heard counsel for the parties.
6. Pursuant to order dated 25.07.2023 passed by this Court, report has
been received from the learned Judicial Magistrate, relevant extract of which is
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as under:-
"3. It is further submitted that while recording the
statements of both the parties, it has been ensured that in the
present case, the complainant/respondent no.2 Ibadat Singh
through natural guardian Tejinderpal Singh and accused
persons/petitioner Sahib Singh @ Arshdeep Singh through
natural guardian Bhupinder Singh, Vishal through natural
guardian Brahma Nand, Nanak Singh through natural
guardian Dharamvir Singh, Baranta @ Gagandeep Singh
through natural guardian Raju Singh have appeared before the
court. Further, as per the statement of the parties and the
investigating officer, the compromise has been arrived at
between them. The compromise is genuine, voluntary and
without any pressure, being outcome of their free will. Further,
as per the statement of the parties, there is no other accused in
the present case except the petitioners and there is no other
complainant/injured/aggrieved person except the respondent
no.2. Furthermore, as per the statements of
accused/petitioners, no other case is pending against them.
They have not been declared proclaimed offender in the
present case. The challan is yet to be presented by the
investigating agency."
7. In view of the report given by the learned Magistrate 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.
8. Accordingly, the petition is allowed. FIR No.62 dated 24.04.2018,
registered for offences under Sections 323, 326 and 34, IPC, at Police Station
Sultanwind, Amritsar, District Amritsar, Annexure P-1, along with all
subsequent proceedings arising therefrom, are quashed qua the petitioners.
08.12.2023 (SUVIR SEHGAL)
Kamal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:157724
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