Punjab-Haryana High Court
Dhanraj Singh And Others vs State Of Punjab And Others on 5 September, 2023
2023:PHHC:117101
CRM-M-15243-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
271 CRM-M-15243-2023
Date of decision:05.09.2023
DHANRAJ SINGH AND OTHERS PETITIONERS
VS.
STATE OF PUNJAB AND OTHERS ..RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Bharat Raheja, Advocate for
Mr. Vinay Kumar, Advocate for the petitioners.
Mr. Anup Singh, AAG, Punjab.
Mr. Ritesh Chopra, Advocate
for respondents No.2 and 3.
2K 2 3
SUVIR SEHGAL J. (ORAL)
1. Instant petition has been filed under Section 482 of Cr.P.C. for
quashing of FIR No.12 dated 11.01.2023 under Sections 324, 323, 427,
506, 148 and 149 of IPC, 1860, however, Sections 325, 326 and 120-B
of IPC were added later on, registered at Police Station Tanda, District
Hoshiarpur, Annexure P-1, alongwith all subsequent proceedings arising
therefrom, on the basis of compromise, Annexure P-2.
2. Counsel for the petitioners submits that FIR, Annexure P-1,
was registered against unknown persons and due to some
misunderstanding, the names of the accused-petitioners were mentioned
SHEETAL
2023.09.11 10:53
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2023:PHHC:117101
in the supplementary statement. Counsel submits that in any case, it is a
dispute, which has arisen out of a petty altercation between the parties,
which has been amicably settled.
3. Pursuant to order dated 01.05.2023 passed by this Court, report
has been received from the Trial Court, relevant extract of which is as
under:-
"i) That as per the statement of [.O there
are eight accused arrayed in the case namely
Ravinder Singh, Himmat Singh, Jaskaran Singh,
Dhanraj Singh, Sukhjinder Singh @ Sahib Singh,
Surinder Pal Singh, Ajay Partap Singh.
ii) That Challan is still at investigation
stage and challan is yet to be presented.
iii) That as per the statement of I.O no
accused has been declared as proclaimed offender.
iv) That the challan is yet to be presented.
v) As per statement of parties, the
compromise has been reached amicably between the
parties with the intervention of respectables of
locality voluntarily without any coercion or undue
influence.
vi) That the statement of ILO with the
regard to points no. (i), (ti), (iii) and (iv) has been
recorded separately."
4. Upon instructions from ASI Ram Singh, State counsel submits
that the matter is under investigation.
5. Counsel representing complainant/respondent No.2 and
injured/respondent No.3 has admitted the factum of compromise and
supported the prayer made in the petition.
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2023:PHHC:117101
6. Heard counsel for the parties.
7. 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 pending would be a futile exercise and setting them aside
would enable the parties to lead a harmonious and peaceful life.
8. Accordingly, the petition is allowed. FIR No.12 dated
11.01.2023 under Sections 324, 323, 427, 506, 148 and 149 of IPC,
1860, however, Sections 325, 326 and 120-B of IPC were added later on,
registered at Police Station Tanda, District Hoshiarpur, Annexure P-1,
along with all subsequent proceedings arising therefrom, are quashed
qua the petitioners.
05.09.2023 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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