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Punjab-Haryana High Court
Rakesh Kumar Chauhan And Others vs State Of Punjab And Others on 23 February, 2024
Neutral Citation No:=2024:PHHC:024916 303 Neutral Citation No.2024:PHHC:024916 CRM-M-52642-2023 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-52642-2023 Date of decision: 22.02.2024 RAKESH KUMAR CHAUHAN AND OTHERS ...Petitioners VS STATE OF PUNJAB AND ANOTHER ...Respondents CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Ms. Srishti S. Sharma, Advocate for the petitioners. Mr. Harpreet Singh, Addl. AG, Punjab. Mr. Gurkirat Singh, Advocate for respondent No.2. ..... SANJIV BERRY, J. (ORAL)
By way of present petition filed under Section 482 of the
Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR
(Annexure P-1) and all consequential proceedings arising therefrom on the
basis of compromise dated 04.10.2023 (Annexure P-2) executed between
the parties. Details of the FIR are as follows:
FIR No. Dated Sections Police Station 0079 26.04.2016 436, 34 IPC P.S. Bhargo Camp, Police Commissionerate Jalandhar
2. With the intervention of respectables and elderly people of
the society, the parties have arrived at a settlement vide compromise dated
04.10.2023 (Annexure P-2), 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 parties. Chief Judicial Magistrate (NRI Court), Jalandhar,
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Neutral Citation No:=2024:PHHC:024916
303 Neutral Citation No.2024:PHHC:024916
CRM-M-52642-2023 -2-
vide report dated 09.02.2024, has apprised this Court that the compromise
arrived at between the parties is genuine and without any pressure.
3. Respondent No. 2 is represented by his counsel and does not
oppose the compromise.
4. In view of the report of the Chief Judicial Magistrate (NRI
Court), 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 with the criminal proceedings pending,
since the complainant has himself compromised the dispute with the
petitioners/ accused persons.
5. In the circumstances, the present petition is allowed. FIR No.
0079 dated 26.04.2016, under Sections 436 and 34 of IPC registered at
Police Station Bhargo Camp, Police Commissionerate Jalandhar
(Annexure P-1) and all consequential proceedings arising therefrom, are
hereby quashed on the basis of compromise qua the present petitioner.
(SANJIV BERRY)
22.02.2024 JUDGE
puneet
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
Neutral Citation No:=2024:PHHC:024916
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