Punjab-Haryana High Court
Arashdeep Singh And Others vs State Of Punjab And Another on 28 November, 2019
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
CRM-M-7307-2019 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-7307-2019 (O&M)
Date of Order:28.11.2019
Arashdeep Singh and others
..Petitioners
Versus
State of Punjab and another
..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Dhawaljeet Dutta, Advocate, for the petitioner.
Mr. Hittan Nehra, Addl. A.G.,Punjab
ANIL KSHETARPAL, J(Oral)
The petitioners have approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') invoking its inherent jurisdiction for quashing of FIR No.77, dated 22.07.2018, registered under Sections 323/324/34 IPC, at Police Station Dhariwal, District Gudaspur and the consequential proceedings arising therefrom on the basis of compromise.
Notice of motion was issued.
In compliance of the order dated 15.02.2019 passed by this Court, the parties got their statements recorded before the learned chief Judicial Magistrate, Gurdaspur. Consequently, a report dated 12.03.2019 along with statements of the parties has been received which is available on record of the case. Learned Magistrate has reported that the compromise effected between the parties is genuine.
Learned counsel for the petitioners as well as learned counsel 1 of 2 ::: Downloaded on - 09-12-2019 12:13:23 ::: CRM-M-7307-2019 (O&M) -2- for the State are ad idem that none of the petitioner is proclaimed offender.
After hearing the learned counsel for the parties and going through the record of the case, this Court is of the considered opinion that it is a fit case for exercising the inherent jurisdiction of this Court under Section 482 Cr.P.C., so as to secure the ends of justice because the parties have arrived at an out of Court settlement by way of compromise. The compromise is without any pressure and a genuine one. In such a situation, continuation of the prosecution would result in sheer abuse of process of law.
For the aforesaid view, this Court finds support from Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned and to secure the ends of justice, FIR No.77, dated 22.07.2018, registered under Sections 323/324/34 IPC, at Police Station Dhariwal, District Gudaspur and the consequential proceedings arising therefrom are ordered to be quashed, however, qua the petitioners only.
Resultantly, with the above-said observations made, the instant petition stands allowed.
November 28, 2019 (ANIL KSHETARPAL)
nt JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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