Citation : 2023 Latest Caselaw 19786 P&H
Judgement Date : 15 November, 2023
Neutral Citation No:=2023:PHHC:145228
2023:PHHC:145228
CRM-M-13009-2023
-1-
294
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-13009-2023
Date of decision:-15.11.2023
Jasanpreet @ Jaspreet Singh @ Honey Walia and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr.Gulrej Khan, Advocate
for the petitioners.
Mr.Anup Singh, AAG, Punjab.
Mr.Mehtab Singh, Advocate
for the complainant/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.217 dated
18.12.2022, under Sections 452, 506, 148, 149 and 427 IPC, registered
at Police Station Kotwali, District Bathinda, Annexure P1, along with all
subsequent proceedings arising therefrom, on the basis of compromise
dated 07.01.2023, Annexure P2, arrived at between the parties.
2. Counsel for the petitioners submits that the FIR is an
outcome of minor altercation, which has been amicably settled between
the parties.
3. Counsel for the respondent No.2/complainant has admitted
the factum of compromise.
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Neutral Citation No:=2023:PHHC:145228
2023:PHHC:145228 CRM-M-13009-2023
4. Heard counsel for the parties.
5. Pursuant to order dated 01.08.2023 passed by this Court,
report has been received from the Judicial Magistrate, relevant extract of
which is as under:-
"1. As per statement of Investigating Officer, there is only one
Complainant namely Ajaib Singh son of Harpal Singh and nine
Accused persons namely Jasanpreet @ Jaspreet Singh @ Honey
Walia, Avtar Singh @ Rahul, Amandeep Singh @ Pittal,
Gurvinder Singh @ Guri, Gaurav Kumar, Kritik Kumar @ Ritik,
Divesh Kumar, Sahil Romana and Sagar Kumar in FIR No.217
dated 18.12.2022, U/S 452/506/148/149/427 IPC, Police Station
Kotwali.
2. As per statement of Investigating Officer, no accused
persons are declared proclaimed offender in any case.
3. As per record and statement of Investigating Officer,
Challan has not been presented till now in this FIR.
4. From the statement of parties that appeared in this petition,
the compromise appears to be genuine, voluntary and without any
pressure or coercion or undue influence."
6. 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
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Neutral Citation No:=2023:PHHC:145228
2023:PHHC:145228 CRM-M-13009-2023
would enable the parties to lead a harmonious and peaceful life.
7. Accordingly, the petition is allowed. FIR No.217 dated
18.12.2022, under Sections 452, 506, 148, 149 and 427 IPC, registered
at Police Station Kotwali, District Bathinda, Annexure P1, along with all
subsequent proceedings arising therefrom, are quashed qua the
petitioners.
(SUVIR SEHGAL)
15.11.2023 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:145228
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