High CourtsSingle Bench(2022) 09 P&H CK 0119

Balwinder Singh vs State Of Punjab & Another

Punjab And Haryana At Chandigarh · Decided on 15 September 2022

HON’BLE JUDGES
Anoop Chitkara, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 14455 Of 2021

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Judgment

18 paragraphs · 278 words

Anoop Chitkara, J

FIR No

Dated

Police Station

Sections

38

23.2.2021

Mataur, District SAS Nagar

420, 465, 467, 468, 471 IPC and 24 Immigration Act

1.

The petitioner, arraigned as accused in the above captioned FIR, has come up before this Court under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with the aggrieved person.

2.

During the pendency of the petition, the accused and the aggrieved person have compromised the matter, and its copy is annexed with this petition as Annexure P-3.

3.

After that, the petitioner came up before this Court to quash the FIR, and in the quashing petition, impleading the aggrieved person as respondent.

4.

On 30.5.22, the aggrieved person Renu Salotra (R-2) stated before the ACJM, SAS Nagar, Mohali and stated that there would be no objection if the court quashes this FIR and consequent proceedings. As per the concerned court's report dated 31.5.22, the parties consented to the quashing of FIR and consequent proceedings without any threat.

ANALYSIS & REASONING:

5.

However, the petitioners did not arraign another aggrieved Atinderpal as a respondent in this case.

6.

Since the victim Atinderpal did not state about his no objection to the compromise and also the reasons which led to the compromise, as such this court cannot proceed further in this matter.

7.

Given above, the petition is dismissed. However, liberty is reserved to the petitioners to file a fresh petition and there would be no necessity re-examine Renu Salotra and the accused, whose statements stand recorded. The copies of the statements alongwith report would suffice.

Petition dismissed in the terms mentioned above, with liberty reserved.