Punjab-Haryana High Court
Gurjant Singh @ Janta And Others vs State Of Punjab And Another on 15 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:161483
2023:PHHC:161483
CRM-M-31987-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(243)
CRM-M-31987-2023
Date of Decision:- 15.12.2023
Gurjant Singh @ Janta and others ...Petitioners
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. L.S.Sidhu, Advocate for the petitioners.
Mr. Kanwar Jeet Singh, AAG, Punjab.
for State-respondent No.1.
Mr. Mehtab Singh, Advocate for
Mr. Daljinder Singh Sandhu, Advocate for 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.172 dated 17.10.2020,
registered for offences under Sections 323, 324, 34 and 120-B, IPC,
wherein, Sections 325, 379-B, 148, 149 and 201, IPC were added and
Section 34, IPC was deleted, later on, at Police Station City Moga, District
Moga, Annexure P-1, along with all subsequent proceedings arising
therefrom, on the basis of compromise deed dated 06.03.2023, Annexure
P-2, arrived at between the parties.
2. Counsel for the petitioners submits that FIR, Annexure P-1, is an
outcome of a marital discord between the complainant-respondent No.2 and
daughter of petitioner No.1. He submits that the dispute has been amicably
1 of 3
Neutral Citation No:=2023:PHHC:161483
2023:PHHC:161483
settled and a separate petition has been filed seeking divorce by mutual
consent. He submits that false allegations attracting offence under Section
379-B, IPC have been levelled against the petitioners and the parties have
appeared before the Trial Court for recording of their statements.
3. Upon instructions, State counsel submits that four out of thirteen
prosecution witnesses have been examined.
4. Counsel representing complainant-respondent No.2 has admitted
the factum of settlement between the parties.
5. Heard counsel for the parties.
6. Pursuant to order dated 06.07.2023 passed by this Court, report
has been received from the learned Sessions Judge, Moga, relevant extract
of which is as under:-
"1. As per police report under section 173 Cr.P.C and
as per statement of Investigating Officer, ASI Sahib Singh,
there are only six accused in this case namely Sarabjit Kaur,
Gurjant Singh alias Janta, Lakhveer Singh alias Lakha,
Rajwinder Singh alias Raju, Jaspreet Kaur and Sarabjeet
Singh and all of them have appeared and suffered their
statements. As per statement of Investigating Officer, none of
the accused has been declared proclaimed offender.
2. There is only one complainant namely Gursewak
Singh, who has appeared before the court and made his
statement in support of compromise.
3. The trial was fixed for prosecution evidence.
4. From the statements of the parties and from the
inquires made from them, the compromise appears to be
genuine, voluntary and out of free will of the parties.
5. As per statement of Investigating Officer, there is
no other FIR registered against any of the accused."
2 of 3
Neutral Citation No:=2023:PHHC:161483
2023:PHHC:161483
7. In view of the report given by the learned Sessions Judge and the
judgments of the Supreme Court in B.S.Joshi and others Versus State of
Haryana and another (2003) 2 RCR (Criminal) 888 and Gold Quest
International Private Limited Versus The State of Tamil Nadu and others
(2014) 15 SCC 235, this Court is of the view that keeping the criminal
proceedings alive would not serve any purpose and setting them aside
would bring an end to the animosity enabling the parties to lead a
harmonious and peaceful life.
8. Accordingly, petition is allowed. FIR No.172 dated 17.10.2020,
registered for offences under Sections 323, 324, 34 and 120-B, IPC,
wherein, Sections 325, 379-B, 148, 149 and 201, IPC were added and
Section 34, IPC was deleted, later on, at Police Station City Moga, District
Moga, Annexure P-1, along with all subsequent proceedings arising
therefrom, are quashed qua the petitioners.
(SUVIR SEHGAL)
JUDGE
15.12.2023
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:161483
3 of 3
