Punjab-Haryana High Court
Ramesh Chander Kohli And Others vs State Of Punjab on 1 March, 2023
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=
CRM-M-12430-2022 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12430-2022 (O&M)
Date of decision: 1.3.2023
Ramesh Chander Kohli and others
...Petitioner(s)
Versus
State of Punjab and another
...Respondent(s)
CORAM: HON'BLE MR.JUSTICE KARAMJIT SINGH
Present: Mr. Vishal Munjal, Advocate, for the petitioner(s).
Mr. Hakam Singh, AAG, Punjab.
Mr. Gurmej Singh Bhinder, Advocate, for respondent No.2.
*****
KARAMJIT SINGH, J. (Oral)
Prayer in this petition is for quashing of FIR No.51 dated 20.5.2018 registered under Sections 323, 341, 148, 149, 379 IPC at Police Station Sujanpur, Tehsil and District Pathankot on the basis of compromise.
The above stated FIR was registered on the statement of the complainant/respondent No.2-Chamel Singh Manhas against the petitioners.
On notice of motion, respondent No.2 appeared in the Court through his counsel and pleaded that he has no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.
During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.
In compliance thereof, report from the Court of Chief Judicial 1 of 2 ::: Downloaded on - 04-06-2023 03:18:15 ::: Neutral Citation No:= CRM-M-12430-2022 (O&M) 2 Magistrate, Pathankot along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side.
I have heard learned counsel for the parties.
Learned counsel for the petitioner(s) and for respondent No.2 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.
In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law.
For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.51 dated 20.5.2018 registered under Sections 323, 341, 148, 149, 379 IPC at Police Station Sujanpur, Tehsil and District Pathankot and all the subsequent proceedings are hereby quashed qua the petitioners.
( KARAMJIT SINGH )
JUDGE
March 1, 2023
Paritosh Kumar
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
Neutral Citation No:=
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