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Punjab-Haryana High Court

Dalbir Singh vs State Of Punjab And Others on 18 December, 2024

                                     Neutral Citation No:=2024:PHHC:170265




268


             IN THE HIGH COURT OF PUNJAB & HARYANA
                           AT CHANDIGARH

                                            CRM-M-31880-2024
                                            Date of decision: 18.12.2024

DALBIR SINGH                                          ....PETITIONERS

                           VERSUS

STATE OF PUNJAB AND OTHERS                            ...RESPONDENTS

CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY

Present: -    Mr. Ajay Singla, Advocate for the petitioner.

              Mr. Jatinder Pal Singh, Sr. DAG, Punjab.

              Mr. Rajinder Yadav, Advocate
              for respondents No.2 and 3.

SANJIV BERRY, J. (ORAL)

By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/affidavits dated 27.02.2013 and 30.10.2024 (Annexure P-2, Annexure P-5 and Annexure P-6 respectively) executed between the parties. Details of the FIR are as follows:

FIR No.       Dated       Sections                       Police Station
24            13.02.2013 279, 337, 338, 427 of IPC       Maqsudan,        District
                                                         Jalandhar.

2. With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise/affidavits dated 27.02.2013 and 30.10.2024 (Annexure P-2, Annexure P-5 and Annexure P-6 respectively), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the 1 of 2 ::: Downloaded on - 22-12-2024 00:59:54 ::: Neutral Citation No:=2024:PHHC:170265 268 CRM-M-31880-2024 2 parties. Learned Judicial Magistrate Ist Class, Jalandhar, vide report dated 09.12.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. A copy of Receipt of costs of Rs.15,000/- has been placed on record in compliance of the order dated 27.11.2024.

3. Learned Counsel appearing for respondents No. 2 and 3 do not oppose the compromise.

4. In view of the report of the learned Judicial Magistrate Ist Class, Jalandhar, and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the respondents have themselves compromised the dispute with the petitioner/ accused person.

5. In the circumstances, the present petition is allowed. FIR No. 24 dated 13.02.2013 under Sections 279, 337, 338, 427 of IPC, registered at Police Station Maqsudan, District Jalandhar, and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner.




                                                        (SANJIV BERRY)
                                                             JUDGE
18.12.2024
Kanika

i)       Whether speaking/reasoned?            Yes/No

ii)      Whether reportable?                   Yes/No




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