Jagtar Singh And Ors vs State Of Punjab And Another
2023 Latest Caselaw 18933 P&H

                                                  Neutral Citation No:=2023:PHHC:139871




                                                  2023:PHHC:139871
CRM-M-33843-2023
                                                    -1-
328

       IN THE HIGH COURT OF PUNJAB AND HARYANA
            AT CHANDIGARH

                                       CRM-M-33843-2023
                                       Date of decision:-02.11.2023

Jagtar Singh and others
                                                                 ...Petitioners

                   Versus

State of Punjab and another
                                                              ...Respondents

CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL


Present : Mr.B.B.S. Randhawa, Advocate
          for the petitioners.

            Mr.Anup Singh, AAG, Punjab.

            Ms.Mandeep Kaur, 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.0109 dated

08.09.2022, under Sections 325, 323, 34 IPC, registered at Police

Station Rangar Nangal, Police District Batala, Annexure P1, along with

all subsequent proceedings arising therefrom, on the basis of

compromise dated 12.05.2023, Annexure P2, arrived at between the

parties.

2. Counsel for the petitioners submits that there was a

monetary dispute between the petitioners and the complainant, which

resulted in an altercation and FIR, Annexure P1 was registered. He

submits that the dispute has been settled by compromise, Annexure P2

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and the parties have appeared before the learned Judicial Magistrate and

recorded their statements.

3. Upon instructions from ASI Hardev Singh, State counsel

submits that the matter is under investigation.

4. Counsel for the respondent No.2/complainant has admitted

the factum of compromise.

5. Heard counsel for the parties.

6. Pursuant to order dated 17.07.2023 passed by this Court,

report has been received from the Judicial Magistrate, relevant extract of

which is as under:-

"1. As per the FIR, three persons namely Jagtar Singh, Lakhbir

Kaur and Harmanpreet (sic Harmanjit) Singh, have been

arraigned in the FIR. All the above named persons had appeared

before the Court and their statements regarding compromise had

been recorded. As per the statements of the Investigating Officers,

none of the above named accused was absconding or has been

declared P.O., in the case.

2. The name of the complainant is Paramjit Kaur wife of

Mahinder Singh. She had appeared before the Court to suffer her

statement. As stated by the Investigating Officer ASI Sarwan

Singh Belt No.3015/Btl, P.S. Sri Hargobindpur, as per record,

there was no other victim apart from the complainant Paramjit

Kaur.

3. Only FIR has been registered in the present case. Further,

the Investigating Officer ASI Surinder Singh Belt No.2309/Btl.

P.S. Rangar Nangal stated that challan has not yet been presented

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before the Court. He further stated that only the investigation is

going on in the present case.

4. From the statements suffered by the parties, it appears to

the Court that the compromise is genuine. It seems that the

compromise has been arrived between the parties, voluntarily and

out of their free will.

5. As per the statements suffered by the Investigating Officers

ASI Surinder Singh and ASI Sarwan Singh, no other criminal case

is pending against the accused persons."

7. 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.

8. Accordingly, the petition is allowed. FIR No.0109 dated

08.09.2022, under Sections 325, 323, 34 IPC, registered at Police Station

Rangar Nangal, Police District Batala, Annexure P1, along with all

subsequent proceedings arising therefrom, are quashed qua the

petitioners.

                                                  (SUVIR SEHGAL)
02.11.2023                                           JUDGE
Brij

Whether reasoned/speaking :                Yes/No

Whether reportable                   :     Yes/No

Neutral Citation No:=2023:PHHC:139871

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