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High CourtsSingle Bench(2010) 12 P&H CK 0468

Sanjeev Sarkar @ Sandeep Sarkar vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 2 December 2010

HON’BLE JUDGES
M.M.S. Bedi, J
CASE NUMBER
Criminal Miscellaneous No. M-25032 of 2010

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Judgment

4 paragraphs · 336 words

M.M.S. Bedi, J.—Petitioner seeks quashing of FIR No. 64 dated November 1, 1999 under Sections 279, 338, 427 IPC, Police Station Sohana, District Ropar, registered at the instance of Constable Manjit Singh, Respondent No. 2, alleging that the Petitioner had hit the complainant with Maruti car while going on Rickshaw causing injuries on his person. Injuries were also received by Rickshaw puller, Jarnail Singh.

2.

Quashing of FIR has been prayed for on the basis of compromise. As the Petitioner was a proclaimed offender, a direction was given him to first surrender before the Illaqa Magistrate. After he having been surrendered it was directed that the statements of the parties be recorded to the effect that the matter has been compromised. The trial Court has recorded the statements of the complainant and all the effected persons and sent a report. Report has been received from JMIC, Mohali to the effect that the complainant Manjit Singh and Jasbir Singh (eye witness) appeared before the Court and made statements that the matter has been compromised and they do not want to pursue their remedy against the Petitioner.

3.

I am satisfied that the matter has been compromised but the fact remains that Jarnail Singh son of Gurmukh Singh, resident of Village Jhangla, P.S. Banur, District Patiala, whose rickshaw was damaged has not been compensated in any manner. It is ordered that the FIR and all the criminal proceedings emanating therefrom against the Petitioner stand quashed on the basis of compromise as per the Full Bench judgment of this Court in Kulwinder Singh v. State of Punjab and Ors. 2007 (3) RCR 1052, subject to Petitioner depositing a sum of Rs. 20000/-with the trial Court within a period of one month. It is ordered that in case the said amount is deposited the Court concerned shall make earnest endeavour to issue notice to Jarnail Singh son of Gurmukh Singh, resident of Village Jhangla, P.S. Banur, District Patiala and disburse the said amount to the said affected person.

Disposed of.