Punjab-Haryana High Court
Soma Ram And Ors vs State Of Punjab And Others on 1 March, 2023
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.241-2
CRM-M-4077-2021
Date of decision: 01.03.2023
Soma Ram and others ....Petitioners
Versus
State of Punjab and others ....Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
Present: Mr. Mikhail Kad, Advocate, for the petitioners.
Mr. A.P.S. Tung, DAG, Punjab.
Mr. Neeraj Yadav, Advocate, for respondents No.2 and 3.
* * *
DEEPAK SIBAL, J. (Oral)
The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.119 dated 29.10.2020 registered under Sections 325, 323 and 34 IPC at Police Station Khanauri, District Sangrur and all subsequent proceedings arising out of it on the basis of a compromise dated 18.01.2021 (Annexure P-2).
On 12.02.2021 this Court had directed the parties to appear before the Illaqa Magistrate/Trial Court on 16.03.2021 for recording of their respective statements with regard to the compromise/settlement, who in turn was directed to submit a report along with the recorded statements with regard to the veracity of the compromise, if any, between the parties as also to apprise this Court if is there any other case pending against them and his/their status of being proclaimed offender/person.
As directed, report dated 08.04.2021 from the Sub-Divisional Judicial Magistrate, Moonak, Sangrur has been received, as per which 1 of 2 ::: Downloaded on - 03-06-2023 23:37:45 ::: Neutral Citation No:= CRM-M-4077-2021 -2- the parties had recorded their statements before the Trial Court in terms of the compromise arrived at between them and none of the petitioners has been declared a proclaimed offender.
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 vs. State of Punjab, (2014) 6 SCC 466, this Court deems it just and proper to allow the petition and resultantly quash the FIR No.119 dated 29.10.2020 registered under Sections 325, 323 and 34 IPC at Police Station Khanauri, District Sangrur and all proceedings arising therefrom, qua the petitioners.
March 01, 2023 (DEEPAK SIBAL)
Jyoti 1 JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=
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