Punjab-Haryana High Court
Jitendra Kumar Verma @ Jatinder Kumar ... vs State Of Punjab And Ors on 17 May, 2018
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
CRM No. M-37842 of 2017
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No. M-37842 of 2017
Decided on : 17.05.2018
Jitendra Kumar Verma @ Jatinder Kumar Verma
...Petitioner
versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present : Mr. Rohit Rana, Advocate for
Mr. Lakhwinder Singh Mann, Advocate
for the petitioner.
Mr. Sidakmeet Sandhu, Assistant Advocate General, Punjab.
***
Anupinder Singh Grewal, J.(Oral)
The petitioner is seeking quashing of FIR No. 179, dated 20.11.2014, under Sections 452, 323, 324, 325 and 506 IPC, registered at Police Station Khamano, District Fatehgarh Sahib (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.
Learned counsel for the petitioner contends that FIR is an outcome of a misunderstanding between the parties. The injured have fully recovered from the injuries and the matter has now been compromised.
Vide order dated 09.10.2017 a Co-ordinate Bench of this Court had directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to veracity of the compromise.
1 of 2 ::: Downloaded on - 20-05-2018 01:19:49 ::: CRM No. M-37842 of 2017 2 Report of Sub Divisional Judicial Magistrate, Khamanon, dated 30.10.2017 has been received, wherein it is stated that in pursuance to the order of this Court, statements of the parties were recorded. As per the statements, compromise is genuine and without any coercion or undue influence.
The FIR is stated to be an outcome of a misunderstanding between the parties, which has been resolved and the matter has been compromised. The injured have fully recovered from the injuries.
In view of the law laid down in "Narinder Singh Vs. State of Punjab" 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No. 179, dated 20.11.2014, under Sections 452, 323, 324, 325 and 506 IPC, registered at Police Station Khamano, District Fatehgarh Sahib (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner only.
May 17, 2018 (ANUPINDER SINGH GREWAL)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
2 of 2
::: Downloaded on - 20-05-2018 01:19:50 :::