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Harpreet Singh And Another vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 4 December 2020 · Citation: (2020) 12 P&H CK 0082

HON’BLE JUDGES
Sudip Ahluwalia, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 294, 323, 341, 354, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 35797 Of 2020
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Judgment

17 paragraphs · 322 words

Sudip Ahluwalia, J

1.

In this petition, the petitioners, who are the accused persons in F.I.R No.80, dated 21.08.2015, under Sections 354, 341, 323, 294 and 506 read with

Section 34 of the Indian Penal Code, registered at Police Station Mehna, District Moga (Annexure P-1), have prayed for quashing of F.I.R. with all

subsequent proceedings arising therefrom, on the basis of compromise.

2.

Reply by way of an affidavit of Deputy Superintendent of Police, Dharamkot, District Moga filed on behalf of the State; Be kept on record.

3.

Now the complainant has arrived at a settlement with the accused/petitioners vide Compromise Deed (Annexure P-4), 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. The Ld. Judicial Magistrate 1st Class, Moga, vide report dated 23.11.2020 has apprised this Court that the

compromise arrived at between the parties is genuine and without any pressure.

4.

Respondents No. 2 is represented by his counsel who does not dispute the factum of compromise.

5.

In view of the report of the Ld. Judicial Magistrate 1st Class, Moga, and in view of the decision of the Hon'ble Supreme Court inâ €œGian Singh

Vs. State of Punjab and anotherâ€, 2012(4) RCR (Criminal) 543 and “Narinder Singh and Others Vs. State of Punjab and Anotherâ€, (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

themselves compromised the dispute with the petitioners/accused persons.

6.

In the circumstances, the present petition is allowed. F.I.R No.80, dated 21.08.2015, under Sections 354, 341, 323, 294 and 506 read with Section 34

of the Indian Penal Code, registered at Police Station Mehna, District Moga (Annexure P-1), with all consequential proceedings arising therefrom, are

hereby quashed qua the petitioners.