Punjab-Haryana High Court
Gurmolak Singh vs State Of Punjab And Others on 2 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC: 043986
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
287 CRM-M-55108-2023
Date of decision: 02.04.2024
GURMOLAK SINGH .... PETITIONER(S)
VERSUS
STATE OF PUNJAB AND OTHERS ...RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: None for the petitioner(s).
Mr. Mohit Saroha, AAG, Punjab.
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JASJIT SINGH BEDI, J. (Oral)
On 03.11.2023, the following order was passed:-
"The Prayer in this petition under Section 482 Cr.PC is for
the quashing of the FIR No.20 dated 05.03.2016 (Annexure P-1)
under Sections 325, 323, 149 IPC registered at P.S. Sadar
Kotkapur, District Faridkot and all other consequential
proceedings arising therefrom, on the basis of compromise dated
16.10.2023 (Annexure P-2) entered into between the parties.
Learned counsel for the petitioners submits that in order to
live peacefully, parties have entered into Compromise dated
16.10.2023 (Annexure P-2) according to which, both the parties
have agreed not to proceed further with the FIR in question.
Notice of motion for 02.04.2024.
Mr. Kirat Singh Sidhu, DAG Punjab accepts notice on
behalf of respondent no.1-State of Punjab whereas Ms. Harpreet
Kaur, Advocate accepts notice on behalf of the respondent no.2 and
has filed her power of attorney. He does not dispute the above said
compromise, which has been arrived at between the parties,
according to which, complainant does not wish to press the
allegations alleged in the FIR any further.
Keeping in view the above, the parties are directed to
appear before the trial Court/Illaqa Magistrate for recording of
their statements on 11.01.2024 with regard to the compromise
dated 16.10.2023 (Annexure P-2) by moving an appropriate
application or by presenting this order. The Trial Court/Illaqa
Magistrate is directed to submit the report on or before the next
date of hearing containing the following information:-
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
1. Number of persons arrayed as accused in the FIR;
2. Whether any accused is a proclaimed offender;
3. Whether the compromise is genuine, voluntary and without any
coercion or undue influence;
4. Whether the accused persons are involved in any other FIR or
not; and
5. The Trial Court is also directed to record the statement of the
Investigating Officer so as to know how many
victims/complainants are there in the FIR and all the
victims/complainant as well as accused are party to the
compromise in question.
The petitioner shall deposit a cost of Rs.25,000/- with the
District Legal Services Authority concerned on or before the date
of recording of their statements and produce the receipt of the same
to the Trial Court/Illaqa Magistrate."
Despite the passing of the afore-mentioned order, none of the
parties appeared in the Court to record their statements regarding the
compromise.
In view of the above, the present petition stands dismissed.
(JASJIT SINGH BEDI)
JUDGE
02.04.2024
Kusum
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
