Punjab-Haryana High Court
Gurinder Singh And Ors vs State Of Punjab And Anr on 3 March, 2016
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
......
(1) Criminal Misc. No.M-34763 of 2015
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Date of decision:3.3.2016
Gurinder Singh and others
.....Petitioners
v.
State of Punjab and another
.....Respondents
....
(2) Criminal Misc. No.M-34828 of 2015
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Narang Singh and others
.....Petitioners
v.
State of Punjab and others
.....Respondents
....
Coram: Hon'ble Mr. Justice Inderjit Singh
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Present: Mr. Pavittar Singh, Advocate for Mr. A.D.S. Sukhija, Advocate
the petitioners in Cr. Misc. No.M-34763 of 2015 and for
respondents No.2 to 4 in Cr. Misc. No.M-34828 of 2015.
Mr. G.S. Pannu, Advocate for Mr. Neeraj Madaan, Advocate
the petitioners in Cr. Misc. No.M-34828 of 2015 and for
respondent No.1 in Cr. Misc. No.M-34763 of 2015.
Mr. Varun Sharma, Assistant Advocate General, Punjab
for the respondent-State.
.....
Inderjit Singh, J.
This order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M-34763 of 2015 filed HARPAL SINGH PARMAR 2016.03.09 17:15 I attest to the accuracy and authenticity of this document Chandigarh Cr. Misc. Nos.M-34763 of 2015 etc. [2] under Section 482 Cr.P.C. for quashing of FIR No.191 dated 12.11.2014 registered for the offences under Sections 323, 452, 148 and 149 IPC and (Sections 341 and 427 IPC, which were added later on) at Police Station Sadar Khanna, District Ludhiana and Criminal Misc. No.M-34828 of 2015 filed for quashing of cross-version registered in FIR No.191 dated 12.11.2014 as well as all other subsequent proceedings arising therefrom on the basis of compromise.
The FIR and cross-version were got registered against each other by the petitioners of both the petitions as dispute arose as a result of fight between the parties in which injuries were received by both the parties. This is a case of version and cross-version. Now with the intervention of respectable persons, both the parties have arrived at an amicable settlement and have effected a compromise.
Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Khanna has sent her two reports No.1 and 2 dated 7.1.2016 in both the cases submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine.
Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainants admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of HARPAL SINGH PARMAR 2016.03.09 17:15 I attest to the accuracy and authenticity of this document Chandigarh Cr. Misc. Nos.M-34763 of 2015 etc. [3] the FIR and the cross-case in view of the law laid down by the Hon'ble Supreme Court.
I have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and have gone through the record.
In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.
Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, these petitions are allowed and FIR No.191 dated 12.11.2014 registered for the offences under Sections 323, 452, 148 and 149 IPC and (Sections 341 and 427 IPC, which were added later on) at Police Station Sadar Khanna, District Ludhiana and cross-version registered in FIR No.191 dated 12.11.2014 as well as all other subsequent proceedings arising out of the same are hereby quashed.
March 3, 2016. (Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2016.03.09 17:15 I attest to the accuracy and authenticity of this document Chandigarh