Punjab-Haryana High Court
Vikram Singh And Anr vs State Of Punjab And Others on 1 September, 2023
Neutral Citation No:=2023:PHHC:114821
2023:PHHC:114821
CRM-M-35546-2022(O&M)
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222
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-35546-2022(O&M)
Date of decision:-01.09.2023
Vikram Singh and another
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL
Present : Mr.V.P. Sangwan, Advocate
for petitioners.
Mr.Anup Singh, AAG, Punjab
for respondent No.1 - State.
Mr.K.S. Derabassi, Advocate
for respondents No.2 to 5.
****
SUVIR SEHGAL, J.(ORAL)
CRM-24660-2023
Counsel for the applicant/petitioners submits that the
application has become infructuous.
Dismissed as having been rendered infructuous.
CRM-M-35546-2022
1. Instant petition has been filed under Section 482 of the
Code of Criminal Procedure, 1973 for quashing of cross case in FIR
No.218 dated 15.11.2013, under Sections 323/341/148/149 IPC,
Annexure P1 in DDR No.33 dated 15.11.2013, under Sections
323/324/148/149 IPC, registered at Police Station Sohana, District SAS
Nagar, Annexure P2, along with all subsequent proceedings arising
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therefrom, on the basis of compromise dated 20.07.2022 Annexure P3,
arrived at between the parties.
2. Counsel for the petitioners submits that the criminal case
has been lodged as a fight took place between college going students in
the heat of moment. He submits that all the accused and the
complainant/injured are young boys and with the intervention of the
respectables, the dispute has been amicably settled.
3. Upon instructions from ASI Surinder Singh, State counsel
submits that on conclusion of investigation, a cancellation report has
been filed.
4. Counsel for the complainant/respondents No.2 to 5 does not
have any objection in case the prayer made in the petition is acceded to.
5. Heard counsel for the parties.
6. Pursuant to order dated 30.05.2023 passed by this Court,
report has been received from the Trial Court, relevant extract of which
is as under:-
"(i) Two persons namely Vikram Singh and Udham Singh as
mentioned above are arrayed as accused in the FIR.
(ii) The accused are not declared as proclaimed offender.
(iii) The compromise is genuine, voluntary and without any
coercion or undue influence.
(iv) As per the statements of the accused, the accused persons
are (sic not)involved in any other FIR."
7. In view of this development, report of the Trial Court and
judgment of the Supreme Court in Gian Singh Versus State of Punjab
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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. Quashing the criminal
proceedings would enable the parties, who are youngsters and at the
threshold of their lives, to move on.
8. Accordingly, the petition is allowed. Cross case in FIR
No.218 dated 15.11.2013, under Sections 323/341/148/149 IPC,
Annexure P1 in DDR No.33 dated 15.11.2013, under Sections
323/324/148/149 IPC, registered at Police Station Sohana, District SAS
Nagar, Annexure P2, along with all subsequent proceedings arising
therefrom, are quashed qua the petitioners.
(SUVIR SEHGAL)
01.09.2023 JUDGE
Brij
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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