Rakesh Kumar Chauhan And Others vs State Of Punjab And Others on 23 February, 2024

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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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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




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