Punjab-Haryana High Court
Krishanpreet Kaur vs State Of Punjab And Others on 13 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:160053
2023:PHHC:160053
CRM-M-28191-2023
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-28191-2023
Date of decision:-13.12.2023
Krishanpreet Kaur
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr.G.S. Sirphikhi Advocate
for the petitioner.
Mr.Anup Singh, AAG, Punjab.
Mr.B.S.Mittal, 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.119 dated
29.11.2022, under Sections 336/427 IPC and Section 25 of Arms Act,
1959, registered at Police Station Ghanie Ke Bangar, Police District
Batala, Annexure P1, along with all subsequent proceedings arising
therefrom, on the basis of compromise deed dated 26.05.2023, Annexure
P3, arrived at between the parties.
2. FIR, Annexure P1 has been registered on the statement of
Harpal Singh stating that on 28.11.2022 at about 11:30 p.m. when he
and his family members were present in the house, 2-3 intruders rode on
a motorcycle and opened fire, damaging the gate and walls, after which
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they fled away.
3. By referring to the supplementary statement of the
complainant, counsel for the petitioner submits that in the statement, the
complainant named Krishanpreet Kaur, present petitioner, and Jagroop
Singh @ Roopa as the accused. Counsel for the petitioner submits that
the complainant had named the petitioner under a wrong impression and
the dispute between the petitioner and the complainant has been
amicably settled by compromise, Annexure P3.
4. Pursuant to order dated 09.10.2023 passed by this Court,
State counsel has filed a short reply by way of affidavit of Deputy
Superintendent of Police, Sub Division Fatehgarh Churian, Police
District Batala, which is taken on record.
5. State counsel, upon instructions received from ASI
Gurpreet Singh, submits that a wrong statement has been made by the
Investigating Officer before the Area Magistrate that there is only one
accused and inquiry proceedings have been initiated against him vide
order No.59336-43 dated 08.12.2023 for negligence in performance of
official duties, which will be completed within a period of three months.
He has specific instructions to state that the challan has not been
presented before the competent Magistrate and proceeding to declare co-
accused Jagroop Singh, as a Proclaimed Offender, have been initiated.
6. Counsel for the complainant/victims - respondents No.2 to
4 submits that a settlement has been arrived at with the petitioner alone.
7. Heard counsel for the parties.
8. Pursuant to order dated 31.05.2023 passed by this Court,
report has been received from the Judicial Magistrate, Batala, relevant
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extract of which is as under:-
"(1) There is only one person namely Krishanpreet Kaur w/o
Amarjot Singh and d/o Kultaran Singh r/o Ghanie Ke Bangar,
Tehsil Batala, District Gurdaspur at present r/o village Jijeani,
Tehsil Majitha, District Amritsar arrayed as accused in the
present FIR.
(2) In this case, the accused has not been declared as
proclaimed person nor any P.O. proceedings are pending against
accused.
(3) The present case is at the investigation stage and challan
has not been presented in this case.
(4) After going through the statements of the parties, this Court
is satisfied that complainants/aggrieved have effected the
compromise with the above named accused with their free will
and without any coercion or pressure from any corner and same
is found genuine."
9. In view of the report given by the learned Magistrate and
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.
10. Accordingly, the petition is allowed. FIR No.119 dated
29.11.2022, under Sections 336/427 IPC and Section 25 of Arms Act,
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1959, registered at Police Station Ghanie Ke Bangar, Police District
Batala, Annexure P1, along with all subsequent proceedings arising
therefrom, are quashed qua the petitioner.
11. Let the departmental inquiry against the official, SI
Balwinder Singh No.1746/BTL be taken to its logical end and the Court
be apprised about its conclusion by filing an additional affidavit in due
course.
(SUVIR SEHGAL)
13.12.2023 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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