Punjab-Haryana High Court
Resham Singh And Another vs State Of Punjab & Another on 29 July, 2015
Author: Hari Pal Verma
Bench: Hari Pal Verma
CRM-M-20932 of 2015 1
THE HIGH COURT OF PUNJAB AND HARYANA,
AT CHANDIGARH
CRM-M-20932 of 2015
Decided on : 29.07.2015
Resham Singh and another
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM : HON'BLE MR.JUSTICE HARI PAL VERMA
Present : Mr.Rahul Rampal, Advocate for the petitioners.
Mr.P.S.Madahar, AAG, Punjab.
1. Whether reporters of local newspapers may be allowed
to see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the
Digest?
Hari Pal Verma, J. (Oral)
Prayer in this petition is for quashing of FIR No. 147 dated 23.9.2014, under Sections 452, 323, 341, 384, 506, 148 and 149 IPC, registered at Police Station Sadar, District Ludhiana and all the proceedings subsequent arising thereto on the basis of compromise dated 11.6.2015 (Annexure P-2).
On 02.07.2015, this Court has passed the following order:-
"Prayer in this petition is for quashing of FIR No. 147 dated 23.9.2014, under Sections 452, 323, 341, 384, 506, 148 and 149 IPC, registered at Police Station Sadar, District Ludhiana and all the proceedings subsequent arising thereto on the basis of compromise dated 11.6.2015 (Annexure P-2).
Notice of motion for 24.7.2015.
The parties are directed to appear before the Illaqa Magistrate/Trial Court for recording their respective statements with regard to compromise/settlement on 10.7.2015.
The Illaqa Magistrate/Trial Court is directed to submit a report on or before the next date of hearing containing the following information as well:-
(i) number of persons arrayed as accused in FIR.SUDHIR KUMAR
(ii) whether any accused is proclaimed offender.2015.07.30 10:23 I attest to the accuracy and authenticity of this document High Court, Chandigarh CRM-M-20932 of 2015 2
(iii) whether the compromise is genuine, voluntary, and without any coercion or undue influence."
In compliance of the above order passed by this Court, the Judicial Magistrate, 1st Class, Ludhiana, has submitted a report dated 17.7.2015 vide which it is mentioned that parties have appeared before the trial Court and gave their statements without any pressure and with their free will in respect of compromise effected between them.
Learned State counsel has also admitted the factum of compromise effected between the parties.
After perusing the statements of the parties and the report of Judicial Magistrate, 1st Class, Ludhiana, learned State counsel submits that he has no objection if the impugned FIR is quashed.
Heard.
The petitioners have been booked for having committed the offence punishable under Sections 452, 323, 341, 384, 506, 148 and 149 IPC. They have now amicably effected the compromise with the complainant. The learned Judicial Magistrate, 1st Class, Ludhiana has recorded the statements of the parties with regard to compromise and the report has also been received in this regard. Therefore, continuation of the trial arising out of the impugned FIR would be a sheer abuse of the process of law because chances of conviction are bleak.
Keeping in view the factum of the compromise effected between the private parties and the law laid down by Full Bench of this Court in the case of Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal), 1052, (P&H), this petition is accepted and FIR No. 147 dated 23.9.2014, under Sections 452, 323, SUDHIR KUMAR341, 384, 506, 148 and 149 IPC, registered at Police Station Sadar, District 2015.07.30 10:23 I attest to the accuracy and authenticity of this document High Court, Chandigarh CRM-M-20932 of 2015 3 Ludhiana along with consequential proceedings arising therefrom, are quashed subject to payment of costs of Rs.5,000/- to be deposited with the Punjab State Legal Services Authority, Chandigarh, receipt of which shall be submitted in the registry of this Court within one month from today and the registry shall tag the same with the case file.
[ Hari Pal Verma ] Judge 29.07.2015 sd SUDHIR KUMAR 2015.07.30 10:23 I attest to the accuracy and authenticity of this document High Court, Chandigarh