Punjab-Haryana High Court
Arjun Kumar And Ors vs State Of Punjab And Others on 15 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:161474
2023:PHHC:161474
CRM-M-32140-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(244)
CRM-M-32140-2023
Date of Decision:- 15.12.2023
Arjun Kumar and others ...Petitioners
VERSUS
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mohd. Yousaf, Advocate for the petitioners.
Mr. Kanwar Jeet Singh, AAG, Punjab
for State-respondent No.1.
Ms. Arzoo Modi, Advocate for
Mr. Sahil Thakur, Advocate
for complainant-respondent No.2 and victim-respondent No.3.
****
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.116 dated 10.09.2022,
registered for offences under Sections 323, 341, 452, 379, 506, 148, 149
and 427, IPC, at Police Station Daresi, Police Commissionerate Ludhiana,
District Ludhiana, Annexure P-1, along with all subsequent proceedings
arising therefrom, on the basis of compromise dated 23.06.2023, Annexure
P-2, arrived at between the parties.
2. Counsel for the petitioner submits that FIR, Annexure P-1, is an
outcome of a minor altercation between the parties due to a
misunderstanding, which has been resolved. He submits that all the three
petitioners are youngsters with clean antecedents, who have appeared
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before the Area Magistrate and recorded their statements in support of the
settlement.
3. Upon instructions received from SI, Sukhdev Singh, State
counsel submits that the matter is under investigation.
4. Counsel representing complainant-respondent No.2 and victim-
respondent No.3 do not have any objection in case the criminal proceedings
are quashed.
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 Judicial Magistrate, relevant extract of
which is as under:-
"1. It is respectfully submitted that as per record and
as per the statement of Investigating Officer, there are four
accused namely Arjun Kumar, Jatin, Lavish @ Dinesh
Kumar, Rishi @ Rishi Karan Ghai and three accused namely
Arjun Kumar, Jatin, Lavish @ Dinesh Kumar appeared
before the court on 19.07.2023 as per directions and made
statement regarding compromise. Accused Rishi @ Rishi
Karan Ghai got recorded his statement on 29.08.2023. No
accused has been declared absconding/proclaimed offender
in the case.
2. It is respectfully submitted that complainant
namely Naseem Khan and one injured namely Mohsin Khan
appeared before the court on 19.07.2023 as per directions
and made their statement in support of compromise with all
the accused persons.
3. It is submitted that challan has not been presented
till today in the Court.
4. In view of statements given by the parties, this
Court is of the considered opinion that compromise effected
between parties is genuine and it is effected voluntarily and
out of free will of parties.
5. As per statement of IO SI Sukhdev, the accused is
not involved in any other case in Police Station, Daresi,
Ludhiana."
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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 bring an end to the animosity enabling the parties to lead a
harmonious and peaceful life.
8. Accordingly, petition is allowed. FIR No.116 dated 10.09.2022,
registered for offences under Sections 323, 341, 452, 379, 506, 148, 149
and 427, IPC, at Police Station Daresi, Police Commissionerate Ludhiana,
District Ludhiana, 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
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