Navjot Singh @ Jot Singh And Anr vs State Of Punjab And Others
2023 Latest Caselaw 14828 P&H

                                                  Neutral Citation No:=2023:PHHC:114906




                                                  2023:PHHC:114906
CRM-M-35672-2022
                                                    -1-
222-2

        IN THE HIGH COURT OF PUNJAB AND HARYANA
             AT CHANDIGARH

                                       CRM-M-35672-2022
                                       Date of decision:-01.09.2023

Navjot Singh @ Jot Singh and another
                                                                 ...Petitioners

                   Versus

State of Punjab and others
                                                              ...Respondents

CORAM : HON'BLE MR. JUSTICE SUVIR SEHGAL


Present : Mr.K.S. Derabassi, Advocate
          for the petitioners.

            Mr.Anup Singh, AAG, Punjab
            for respondent No.1 - State.

            Mr.V.P. Sangwan, Advocate
            for respondents No.2 and 3.


            ****

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.218 dated

15.11.2013, under Sections 323/341/148/149 IPC, registered at Police

Station Sohana, District SAS Nagar, Annexure P1 along with all

subsequent proceedings arising therefrom, on the basis of compromise

dated 20.07.2022 Annexure P2, 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 at

the heat of a moment. He submits that all the accused and the

complainant/injured are young boys and with the intervention of the

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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 and 3 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 Navjot Singh and Major Singh 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

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 of the

proceedings would enable the petitioners, who are at the threshold of

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their lives and careers to move on.

8. Accordingly, the petition is allowed. FIR No.218 dated

15.11.2013, under Sections 323/341/148/149 IPC, registered at Police

Station Sohana, District SAS Nagar, Annexure P1, 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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