Punjab-Haryana High Court
Naresh Kumar And Others vs State Of U.T. Chandigarh And Others on 19 November, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-23075 of 2012 (O&M)
Date of Decision: November 19,2012
Naresh Kumar and others ....................... Petitioners
Versus
State of U.T. Chandigarh and others ......... Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
Present: Mr. Sunny Singh, Advocate
for the petitioners.
Ms. Ashima Mor, APP for U.T. Chandigarh.
Mr. Jagtar Kureel, Advocate
for the complainant.
...
RITU BAHRI, J. (Oral)
Quashing of FIR No. 82 dated 29.4.2009 under Sections 147, 148, 149, 323, 506 Added 325 IPC registered at Police Station Industrial Area, Chandigarh (Annexure P1) is being sought on the basis of compromise dated 22.5.2012 (Annexure P-2).
The FIR was registered on the statement made by Joginder Singh that on 29.4.2009 at about 10:30 in the morning he has received a phone of his wife Sonia that Naresh, Bishan, Madan, Shashi, Sarita and Santri etc. are beating his younger brother Ravinder. When the complainant came home and ask them the reason of beating his brother, they started beating him also. In this background, the FIR was registered.
During the pendency of the trial, the parties have amicably settled their dispute and the compromise deed is dated 22.5.2012 (Annexure P2).
In compliance of the order dated 21.8.2012, status report dated 6.10.2012 has been filed by the Chief Judicial Magistrate Chandigarh. As per this report, joint statement of the complainant Joginder, injured Ravinder Kumar, Shanty and Pritam Singh has been recorded to the effect that they have compromised the matter with the accused Naresh Kumar, Santri Devi, Sarita Devi, Shashi, Sanjay Gupta, Devender Kumar, Madan and Bishan Singh without any coercion or pressure and have no objection if the FIR in the present case is quashed. The compromise deed is Annexure P2. To the same effect is the statement of the accused.
In view of the statements of the parties, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings.
Consequently, in view of the above circumstances and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008 (4) S.C.C. 582 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, FIR No. 82 dated 29.4.2009 under Sections 147, 148, 149, 323, 506 Added 325 IPC registered at Police Station Industrial Area, Chandigarh (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioners.
Petition is disposed of.
19.11.2012 ( RITU BAHRI ) Rupi JUDGE