Kapil Randhawa @ Up And Ors vs State Of Punjab And Others on 23 February, 2024


Kapil Randhawa @ Up And Ors vs State Of Punjab And Others on 23 February, 2024


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Punjab-Haryana High Court

Kapil Randhawa @ Up And Ors vs State Of Punjab And Others on 23 February, 2024

                                                            Neutral Citation No:=2024:PHHC:025447




                                                                2024:PHHC:025447

231        IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                    CRM-M-65346-2023
                                                    Date of decision: 23.02.2024

KAPIL RANDHAWA @ UP AND OTHERS
                                                                 ...PETITIONERS
                           V/S

STATE OF PUNJAB AND OTHERS
                                                               ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:    None.

                    ****

HARPREET SINGH BRAR J. (ORAL)

This petition has been filed under Section 482 of the Code of

Criminal Procedure seeking quashing of FIR No.62 dated 17.06.2023

registered under Sections 365, 34 of Indian Penal Code at Police Station

Division C, District Amritsar (Annexure P-1) and all subsequent proceedings

arising therefrom in view of the compromise (Annexure P-2).

2. The following order was passed on 05.01.2024 :-

“The present petition has been filed under Section
482 Cr.P.C. seeking quashing of FIR No. 62 dated 17.06.2023
under Section 365, 34 of Indian Penal Code registered at Police
Station Division C, District Amritsar (Annexure P-1) on the basis
that a compromise (Annexure P-2) has been entered into between
the parties.

Notice of motion.

At this stage, on the asking of the Court Mr. Subhash
Godara, Addl. A.G. Punjab accepts notice on behalf of respondent
No.1-State and Mr. Amandeep Singh, Advocate accepts notice on
behalf of respondents No. 2 and 3 and files his Memorandum of
Appearance and admits to the factum of compromise. Copy of the
paper book be supplied to them during the course of day.

Service is complete.

Now, the parties are directed to appear before the
learned trial Court/Illaqa Magistrate within two weeks, to get

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recorded their statements regarding compromise and after
recording their statements, learned trial Court/Illaqa Magistrate is
directed to send report regarding the genuineness of compromise
and also to intimate whether any PO proceedings are pending
against any of the party on or before the date fixed i.e. 23.02.2024.

A copy of the order be sent to the learned trial
Court/Illaqa Magistrate through fax for compliance.”

3. In view of the resolution passed by Bar Association of Punjab and

Haryana High Court, there is no representation on behalf of the parties but

report has been received from the concerned jurisdictional Court and perusal of

the same indicates that the compromise between the parties is genuine and

arrived at without any pressure or coercion from anyone.

4. In view of the compromise and the ratio of law laid down by the

Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and

another, (2014) 6 SCC 466, Ramgopal and another Vs. State of Madhya

Pradesh 2021 SCC OnLine SC 834 and Shakuntala Sawhney (Mrs) Vs.

Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in

Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition

is allowed and FIR No.62 dated 17.06.2023 registered under Sections 365, 34

of Indian Penal Code at Police Station Division C, District Amritsar (Annexure

P-1) and all subsequent proceedings arising out of the same are quashed, qua

the petitioners.





                                                       (HARPREET SINGH BRAR)
February 23, 2024                                            JUDGE
manisha

             (i)     Whether speaking/reasoned                    Yes/No

             (ii)    Whether reportable                           Yes/No




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