Punjab-Haryana High Court
Ravi Kohar vs State Of Punjab And Others on 2 November, 2023
2023:PHHC: 140527
CRM-M-40535-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
356 CRM-M-40535-2023
Date of decision:02.11.2023
RAVI KOHAR » PETITIONER
VERSUS
STATE OF PUNJAB AND OTHERS .. RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Sukhdeep Singh, Advocate for
Mr. Parminder Singh, Advocate for the petitioner.
Mr. Anup Singh, AAG, Punjab.
Ms. Kamlesh, Advocate for respondents No.2 and 3.
226 2k
SUVIR SEHGAL J. (ORAL)
1. Instant petition has been filed under Section 482 of Cr.P.C. for
quashing of FIR No.127 dated 11.07.2021 under Sections 406 and 420 of
IPC, 1860, registered at Police Station Ghagga, District Patiala,
Annexure P-1, alongwith all subsequent proceedings arising therefrom,
on the basis of compromise by way of affidavits dated 23.12.2022,
Annexure P-2, and dated 01.08.2023, Annexure P-3, arrived at between
the parties.
2. Pursuant to order dated 21.08.2023 passed by this Court, report
has been received from the Trial Court, relevant extract of which is as
under:-
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2023.11.06 17:59
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2023:PHHC: 140527
"1) There are three accused in this case namely
Ravi Kohar son of Pritam Singh, resident of H.No.
10, Urban Estate, Sector-8, Part 2, Karnal,
(Haryana), Gursharan Singh son of Sumitar Singh,
resident of Village Dariawal, PO Thatha New, PS
Talwandi Chaudhrian, Sultanpur Lodhi, District
Kapurthala and Kapil Dev son of Kishanpal,
resident of 192-G, Fatehpura Tanda_ Road,
Jalandhar, out of which only one accused namely
Ravi Kohar has appeared and made statement. PO
proceedings are pending against accused Kapil Dev
only.
2) There is one complainant namely Ranjit Singh
and one victim/aggrieved person namely Palwinder
Singh in this case and both have appeared and made
their statements in support of the compromise.
3) Case is under investigation.
4) Compromise between the parties is genuine and it
is voluntarily effected between the parties with their
free will and without any pressure, threat, coercion
or undue influence from any quarter;
5) No criminal case is pending against accused Ravi
Kohar."
3. Counsel representing respondents No.2 and 3 does not have
any objection in case the compromise is given effect to.
4. Heard counsel for the parties.
5. Dispute has been amicably resolved amongst the parties with
the intervention of the respectables by virtue of compromise,
Annexure P-2.
6. In view of the report given by the Trial Court 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.
ER ya
integrity of this document
Chandigarh
2023:PHHC: 140527
7. Accordingly, the petition is allowed. FIR No.127 dated
11.07.2021 under Sections 406 and 420 of IPC, 1860, registered at
Police Station Ghagga, District Patiala, Annexure P-1, along with all
subsequent proceedings arising therefrom, are quashed qua the
petitioner.
02.11.2023 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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