Punjab-Haryana High Court
Arsh Kumar Alias Arshdeep And Others vs State Of Punjab And Others on 4 September, 2023
Neutral Citation No:=2023:PHHC:116297
263 2023:PHHC:116297
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-22667-2023
Date of Decision:04.09.2023
Arsh Kumar @ Arshdeep and Others ...Petitioners
vs.
State of Punjab and others ...Respondents
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present : Mr. Rakesh Kumar, Advocate
for the petitioners.
Mr. M.S. Bajwa, DAG, Punjab.
Mr.L.S Mann, Advocate
for respondents No.2 to 5.
***
N.S.Shekhawat J. (Oral)
1. The instant petition has been filed under Section 482 Cr.P.C. for quashing of an FIR No. 48 dated 22.04.2018 under Sections 326, 324,323, 341,506,148 and 149 of IPC and under Sections 25/27 of the Arms Act registered at Police Station Mehatpur District Jalandhar Rural (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 10.10.2022 (Annexure P-2).
2. Vide order dated 05.07.2023, while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 10.10.2022 (Annexure P-2).
3. Pursuant to aforesaid order, the parties have appeared before the learned JMIC, Nakodar and got their statements recorded. Report dated 1 of 2 ::: Downloaded on - 18-09-2023 08:22:55 ::: Neutral Citation No:=2023:PHHC:116297 CRM-M-22667-2023 -2 2023:PHHC:116297 19.08.2023 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.
4. I have heard counsel for the parties and gone through the case file.
5. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.
6. Resultantly, FIR No. 48 dated 22.04.2018 under Sections 326, 324,323, 341,506,148 and 149 of IPC and under Sections 25/27 of the Arms Act registered at Police Station Mehatpur District Jalandhar Rural (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
(N.S.SHEKHAWAT)
04.09.2023 JUDGE
hitesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:116297
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