Punjab-Haryana High Court
Dharminder Singh @ Lada And Others vs State Of Punjab And Others on 29 November, 2022
Author: Karamjit Singh
Bench: Karamjit Singh
CRM-M-8676-2020 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-8676-2020 (O&M)
Date of decision: 29.11.2022
Dharminder Singh @ Lada and others
...Petitioner(s)
Versus
State of Punjab and others
...Respondent(s)
CORAM: HON'BLE MR.JUSTICE KARAMJIT SINGH
Ms. G.K.Mann, Sr. Advocate, with
Present:
Mr. Gursharan Singh, Advocate, for the petitioner(s).
Ms. Kanica Sachdeva, AAG, Punjab.
Mr. Gursewak Singh, Advocate, for
Mr. J.S.Bajwa, Advocate, for respondents No.2 and 3.
*****
KARAMJIT SINGH, J. (Oral)
Prayer in this petition is for quashing of FIR No.0092 dated 2.10.2019 registered under Sections 307, 341, 323, 379, 148, 149 IPC and Sections 25 and 27 of Arms Act at Police Station Ramdas, District Amritsar Rural on the basis of compromise.
The above stated FIR was registered on the statement of the complainant/respondent No.2-Charanjit Singh against the petitioners.
On notice of motion, respondents No.2 and 3 appeared in the Court through their counsel and pleaded that they have 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 Judicial 1 of 2 ::: Downloaded on - 01-12-2022 04:14:08 ::: CRM-M-8676-2020 2 Magistrate, 1st Class, Ajnala 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 respondents No.2 and 3 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. 0092 dated 2.10.2019 registered under Sections 307, 341, 323, 379, 148, 149 IPC and Sections 25 and 27 of Arms Act at Police Station Ramdas, District Amritsar Rural and all the subsequent proceedings are hereby quashed qua the petitioners.
( KARAMJIT SINGH )
JUDGE
November 29, 2022
Paritosh Kumar
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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