Punjab-Haryana High Court
Ramlubhya And Another vs State Of Punjab And Another on 6 March, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC: 032140
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
290
CRM-M-59478-2023
Date of decision: 06.03.2024
RAMLUBHYA AND ANOTHER .... PETITIONER(S)
VERSUS
STATE OF PUNJAB AND ANOTHER ...RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: None.
Mr. Mohit Saroha, AAG, Punjab.
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JASJIT SINGH BEDI, J. (Oral)
There is no representation on behalf of the parties.
On 28.11.2023, the following order was passed:-
"The prayer in the present petition under Section 482
Cr.P.C. is for quashing of an FIR No.163 dated 12.11.2022
(Annexure P-1) registered under Sections 323, 441, 506, 34 IPC at
Police Station Majitha Road, Police Commissionerate Amritsar
and all other consequential proceedings arising therefrom, on the
basis of compromise dated 24.11.2022 (Annexure P-2) entered into
between the parties.
The learned counsel for the petitioners submits that in
order to live peacefully, parties have entered into compromise on
24.11.2022 (Annexure P-2), according to which, both the parties
have agreed not to proceed further with the FIR in question.
Notice of motion.
Mr. Kirat Singh Sidhu, D.A.G, Punjab who is present in
Court accepts notice on behalf of respondent No.1-State.
Mr. Sushil Saini, Advocate accepts notice on behalf of
respondent No.2 and has filed his Memorandum of Appearance.
The same is taken on record. 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.
Adjourned to 06.03.2024.
Keeping in view the above, the parties are directed to
appear before the trial Court/Illaqa Magistrate for recording of
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
their statement on 30.01.2024 with regard to the
compromise/settlement dated 24.11.2022 (P2) 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 in a tabulated format:-
1. Number of persons arrayed 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 statements of the complainant and all the
victims/persons aggrieved shall be recorded by the Trial
Court;
6. 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
victim/complainant as well as accused are party to the
compromise in question.
The petitioners shall deposit a cost of Rs.25,000/-
(collectively) 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."
In pursuance of the aforementioned order, none of the parties
appeared before the learned Trial Court to record their statements regarding
the alleged compromise.
In view of the above, the present petition stands dismissed.
(JASJIT SINGH BEDI)
JUDGE
06.03.2024
Kusum
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
