Petition sought quashing of an FIR on the basis of a compromise affidavit. None appeared for the petitioner; State counsel reported the petitioner was a habitual offender involved in four other FIRs and not on bail in one NDPS case. The petition was dismissed.
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CRM-M-2649-2024
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
238
Criminal Misc. No. M-2649 of 2024 Date of decision :-09.12.2024
Johni Kumar
…..Petitioner
Versus
State of Punjab and others
…..Respondents
CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA
Present:None for the petitioner.
Ms. Aakanksha Gupta, AA G , Punjab.
NIDHI GUPTA J. (Oral)
Prayer in this petition is f o r quashing of FIR No.131 dated 07 . 12.2023 (Annexure P-1) unde r Sections 379-B, 323, 341, 354, 148 , 149 and 506 IPC, registered a t Police Station Shimlapuri, District P olice Commissionerate Ludhiana, qua petitioner, on the basis of a ffidavit dated 19.12.2023/21.12 . 2023 (Annexure P-2).
On the last date i.e. 08.7.2 0 24, the following order was
passed b y this Court :-
“Pursuant to t he order dated 07.05.2024 passed by this Cou r t report from the learned Judicial Magistrate Ist Class, Ludhiana, vide letter dated 23.05.2024 du ly forwarded by the learned District and Sessions Judge, Ludhiana, has been received. As per the s a id report, nobody turned up before the Court to g et their statements recorded in terms of order date d 07.05.2024.
VIJAY ASIJA 2024.12.17 16.07 I attest to the accuracy and integrity of this document
CRM-M-2649-2024
2
Learned coun s el for the petitioner on instructions submits that after passing of the previous order dated 0 7.05.2024 by this Court, the petitioner was arrest e d in another case bearing FIR No. 103 dated 0 6.12.2023 registered under Sections 307, 160, 3 3 8, 323, 341, 506, 148 and 149 IPC and Sections 25 and 27 of the Arms Act at Police Station Thaba , District Ludhiana and for this reason the partie s have failed to appear before the learned Judici a l Magistrate Ist Class, Ludhiana.
At the request of learned counsel for the petitioner, adjourned t o 09.12.2024.” Today none appears on behalf of petitioner.
Learned State counsel, o n instructions from ASI Bachitter Singh, further informs this C o urt that besides the present one, the p etitioner is involved in four o t her FIRs i.e. 1) FIR No.248 dated 26. 9 .2022 under Section 21-B of N D PS Act, registered at Police Station D ivision No.6, Ludhiana; 2) FIR N o.55 dated 21.3.2023 under Section 2 1-B of NDPS Act, registere d at Police Station Division No.6, Lu d hiana; 3) FIR No.62 dated 14. 4 .2024 under Sections 21, 21C and 29 of NDPS Act, registered at Po l ice Station STF Mohali; and 4) FIR N o.103 dated 06.12.2023 under S ections 307, 160, 338, 323, 341, 506, 148, 149 IPC and Section 25, 2 7 of Arms Act, registered at Police Station Daba, Ludhiana. Learn e d State counsel has handed over a lis t of the said FIRs pending agai n st the petitioner in the Court. Learned State counsel, on instructio n s, has informed that the petitione r is on bail in all FIRs except th e FIR No.62 dated 14.4.2024 under Se c tions 21, 21-C and 29 of ND P S Act, registered at Police
VIJAY ASIJA 2024.12.17 16.07 I attest to the accuracy and integrity of this document
CRM-M-2649-2024 3
Station STF Mohali. It is submitted th a t the petitioner is a habitual offender having serious allegations aga i nst him. It is accordingly, prayed that the present petition be dismis s ed.
Heard.
In view of the above noted p osition, the present petition
is hereby dismissed.
Pending application(s), if an y , shall stands disposed of.
Decembe r 09, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE
Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No
VIJAY ASIJA 2024.12.17 16.07 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the FIR registered against the petitioner should be quashed on the basis of an affidavit of compromise.
4 provisions across 3 enactments
Johni Kumar
State of Punjab
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
