Punjab-Haryana High Court
Surinder Kumar And Ors vs State Of Punjab And Another on 16 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:161972
Neutral Citation No. 2023:PHHC:161972
CRM-M-6757-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(220) CRM-M-6757-2022 (O&M)
Date of Decision:- 16.12.2023
Surinder Kumar and others
...Petitioners
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Ms. Arshdeep Kaur, Advocate for
Mr. Akshay Rana, Advocate for the petitioners.
Mr. Harkanwarjeet Singh, AAG, Punjab.
for State-respondent No.1.
Mr.C.S.Rana, 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 DDR No.18, dated 09.07.2019
registered for offences under Sections 379-B, 323, 506, 148 and 149 IPC, at
Police Station Sidhwan Bet, District Ludhiana in case FIR No. 135, dated
09.07.2019, registered for offences under Sections 324, 506, 379-B, 148
and 149 IPC, at Police Station Sidhwan Bet, District Ludhiana Rural
Annexure P-1, along with all subsequent proceedings arising therefrom, on
the basis of compromise dated 23.12.2021, Annexure P-2, arrived at
between the parties.
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Neutral Citation No. 2023:PHHC:161972
2. Status report by way of affidavit of DSP, Jagraon, District
Ludhiana (Rural) has been filed on behalf of the State-respondent No.1. By
making a reference to the status report, State counsel submits that offence
under Section 379-B of IPC has been deleted. On verbal instructions, he
submits that on completion of investigation, cancellation report has been
filed both in the FIR as well as in the DDR.
3. Counsel representing complainant-respondent No.2 submits that
he does not have any objection in case the criminal proceedings are set
aside.
4. Heard counsel for the parties.
5. Pursuant to orders, passed by this Court, report has been received
from the learned Judicial Magistrate, which is a part of record of connected
case (CRM-M-5798-2022). Its relevant extract is as under:-
" I am satisfied with regard to the authenticity of
the compromise and the fact that it has been arrived at
without any kind of undue influence or pressure. The above
named parties have placed on record their identity proofs
which are correct as per original and copies of the same are
attached herewith for your kind perusal and both the above
named parties have been duly identified by their respective
counsel.
It was assured beforehand that both the petitioners
and complainant are giving their statements voluntarily
without any pressure and I am satisfied that, the compromise
effected between them is genuine and voluntary and without
any coercion or undue influence."
6. 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
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Neutral Citation No:=2023:PHHC:161972
Neutral Citation No. 2023:PHHC:161972
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.
7. Accordingly, petition is allowed. DDR No.18, dated 09.07.2019
registered for offences under Sections 379-B, 323, 506, 148 and 149 IPC, at
Police Station Sidhwan Bet, District Ludhiana in case FIR No. 135, dated
09.07.2019, registered for offences under Sections 324, 506, 379-B, 148
and 149 IPC, at Police Station Sidhwan Bet, District Ludhiana Rural
Annexure P-1, along with all subsequent proceedings arising therefrom, are
quashed qua the petitioners.
(SUVIR SEHGAL)
JUDGE
16.12.2023
pooja saini
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:161972
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