IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-24923-2023 Date of decision: 19.09.2023 BALKARAN SINGH ….Petitioner Versus
STATE OF PUNJAB AND OTHERS ....Respondents.
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY
Present: - Mr. Rajan Singh Dadwal, Advocate for the petitioner. Mr. Harpreet Singh, Addl. A.G., Punjab.
Mr. Vishal Sheoran, Advocate for
Mr. Suraj Kaundal, Advocate for respondents No.2 to 6.
SANJIV BERRY, J. (ORAL)
By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 02.05.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:
| FIR No. | Dated | Sections | Police Station |
| 0017 | 09.04.2021 | 279, 337, 427 of IPC and Section 338 of IPC added later on | Sudhar, District Ludhiana Rural |
2. With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed/affidavit dated 02.05.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the
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compromise arrived at between the parties. Judicial Magistrate Ist Class, Jagraon, vide report dated 14.09.2023, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.
3. Respondents No. 2 to 6 are represented by their counsel and do not oppose the compromise.
4. In view of the report of the Judicial Magistrate Ist, Jagraon, and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and
"Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.
5. In the circumstances, the present petition is allowed. FIR No. 0017 dated 09.04.2021, under Sections 279, 337, 427 of IPC and Section 338 of IPC added later on, registered at P.S. Sudhar, District Ludhiana Rural (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner.
(SANJIV BERRY)
JUDGE
19.09.2023
kanika
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
Neutral Citation No:=2023:PHHC:123010
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