Punjab-Haryana High Court
Hardeep Singh Dadiwal vs State Of Panjab And Another on 10 January, 2022
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
338 CRM-M-41216-2021
DATE OF DECISION: 10.01.2022
HARDEEP SINGH DANDIWAL ... Petitioner(s)
Versus
STATE OF PUNJAB AND ANR ... Respondent(s)
CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present: Mr.Guninder Singh Brar, Advocate for the petitioner.
Ms. Amarjit Kaur Khurana, DAG, Punjab.
Mr. B.S. Saroha, Advocate for respondent No.2.
*****
ANUPINDER SINGH GREWAL, J. (ORAL)
Heard through video conferencing.
The petitioner is seeking quashing of FIR No.64 dated 10.03.2021 under Sections 452, 323, 506 IPC, registered at Police Station Civil Lines, District Patiala and all consequential proceedings, on the basis of compromise, which has been arrived at between the parties.
A coordinate Bench of this court, on 01.10.2021, had passed the following order:-
"The matter has been taken up through video conferencing. Notice of motion.
Mr. S.S. Deol, DAG, Punjab accepts notice on behalf of respondent No.1 and Mr. B.S. Saroha, Advocate, accepts notice on behalf of respondent No.2.
Through the present petition filed under Sectioin 482 Cr.P.C. the petitioner seeks quashing of FIR No.64 dated 10.03.2021 registered under Sectioins 452/323/506 IPC at Police Station Civil Lines, District Patiala, on the strength of the compromise dated 22.09.2021 (Annexure P-2) entered into between the parties.
The petitioner as also respondent No.2 through their counsel are directed to appear before the Illaqa Magistrate/Trial Court on 12.10.2021 to get their statements recorded to the effect that the compromise has actually been arrived at between them. After recording of the statements, the Trial Court would furnish 1 of 2 ::: Downloaded on - 23-01-2022 04:07:08 ::: CRM-M-41216-2021 2 to this Court its report alongwith the recorded statements on or before the adjourned date, clearly opining therein with respect to the veracity of the compromise, if any, between the parties. The Illaqa Magistrate/Trial Court would also apprise this Court whether all the accused are party to the compromise and whether any of the accused have ever been declared proclaimed offender(s) and if is there any other criminal case pending against them.
To await the report of the Illaqa Magistrate/Trial Court, adjourned to 01.02.2022."
The report of JMIC, Patiala dated 27.10.2021 has been received, wherein it is stated that in pursuance to the order of this Court, the statements of the parties were recorded which indicates that compromise which has been effected is genuine, voluntary and without undue influence.
Learned counsel appearing for respondent No.2 also states that the matter has indeed been compromised.
In view of the law laid down by the Supreme Court in the case of Narinder Singh vs. State of Punjab 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.64 dated 10.03.2021 under Sections 452, 323, 506 IPC, registered at Police Station Civil Lines, District Patiala and all consequential proceedings are hereby quashed qua the petitioners.
(ANUPINDER SINGH GREWAL)
JUDGE
10.01.2022
SwarnjitS
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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