Punjab-Haryana High Court
Khushwinder Singh And Others vs State Of Punjab And Others on 10 April, 2023
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2023:PHHC:048578
2023:PHHC:048578
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Sr. No. 257(2) CRM-M No. 641 of 2023
Date of decision : 10.04.2023
Khushwinder Singh and others
.....Petitioners
Versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
Present : None for the petitioners.
Mr. Shubham Kaushik, AAG, Punjab.
Mr. Sachin Gupta, Advocate for respondents No.2 & 3.
***
DEEPAK SIBAL, J. (Oral)
The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.86 dated 18.04.2020 registered under Section 341, 323, 188, 269 and 34 IPC (Section 201 IPC added later on) at Police Station Sujanpur, District Pathankot and all proceedings arising therefrom qua the petitioners, on the basis of a written compromise (Annexure P-3).
On 09.01.2023, this Court had directed the parties to appear before the Illaqa Magistrate/trial court for recording of their respective statements with regard to the compromise, who in turn was directed to submit a report along with the recorded statements with regard to the veracity of the compromise between the parties as also to apprise this Court whether P.O. proceedings are pending against any of the accused.
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Neutral Citation No:=2023:PHHC:048578
CRM-M No. 641 of 2023 [2] 2023:PHHC:048578
As directed, report dated 23.01.2023 from the Chief Judicial Magistrate, Pathankot has been received, as per which the parties had recorded their statements before the trial court in terms of the compromise arrived at between them and that no proclamation proceedings are pending against the petitioners.
Learned State counsel has also raised no objection if the present petition is allowed.
In view of the above, continuation of the proceedings in pursuance of the afore-referred FIR, in which the offences are not heinous and the matter having been compromised, would be an abuse of the process of law and in terms of the law laid down by the Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court deems it just and proper to allow the petition and resultantly quash FIR No.86 dated 18.04.2020 registered under Section 341, 323, 188, 269 and 34 IPC (Section 201 IPC added later on) at Police Station Sujanpur, District Pathankot and all proceedings arising therefrom qua the petitioners.
10.04.2023 ( DEEPAK SIBAL )
sunil yadav JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:048578
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