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Punjab-Haryana High Court

Jaspal Singh vs State Of Punjab And Another on 15 January, 2013

Author: Naresh Kumar Sanghi

Bench: Naresh Kumar Sanghi

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                  CRM-M No. 35657 of 2012 (O&M)

                  Date of Decision: January 15, 2013

Jaspal Singh

                                                           ...Petitioner

                                Versus

State of Punjab and another

                                                        ...Respondents

CORAM:      HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:    Mr. Sarju Puri, Advocate,
            for the petitioner.

            Mr. Abhishek Chautala, AAG, Punjab,
            for respondent No. 1.

            Mr. Rajeshwar Singh Thakur, Advocate, with
            Mr. Shingara Mal, respondent No. 2-in-person.


NARESH KUMAR SANGHI, J.

1. Prayer in this petition is for quashing of FIR No. 19, dated 11.2.2012, under Section 295, IPC, registered at Police Station, Balachaur, District S.B.S. Nagar, and the consequential proceedings arising therefrom, on the basis of compromise.

2. Learned counsel for the petitioner submits that on account of confusion and misunderstanding, respondent No. 2- complainant, Shingara Mal, had suffered the statement before the police, on the basis of which the impugned FIR was registered. He further submits that now respondent No. 2-complainant and the petitioner have resolved their misunderstanding and effected a compromise. He further submits that the petitioner is neither involved nor required in any other case of such like nature, CRM-M No. 35657 of 2012 (O&M) 2 therefore, the impugned FIR and the consequential proceedings emanating therefrom may be quashed.

3. In his statement of even date, recorded by this Court, respondent No. 2-complainant, Shingara Mal, has stated that he had lodged the FIR under some confusion and misunderstanding. He further stated that he had cleared all his doubts and misunderstanding with the petitioner and effected a compromise with him (petitioner). He further stated that he had no objection if the impugned FIR and the consequential proceedings emanating therefrom are quashed.

4. Learned counsel for respondent No. 2-complainant, has also admitted the factum of the compromise and has no objection if the impugned FIR and the consequential proceedings are quashed. He has also produced the affidavit of respondent No. 2- complainant, admitting the factum of the compromise, which is taken on record. In his aforementioned statement, respondent No. 2-complainant has also admitted the factum of execution of the affidavit.

5. Learned counsel for the State on instructions from HC Baldev Raj of Police Station, Balachaur, District S.B.S. Nagar, admits the factum of the compromise. He further submits that now there is no resentment in the area with regard to the present case.

6. Heard.

7. After going through the contents of the FIR and other material available on record, it appears that the offence allegedly committed under Section 295, IPC, is of personal nature. Under some confusion and misunderstanding respondent No. 2- CRM-M No. 35657 of 2012 (O&M) 3 complainant had lodged the impugned FIR. Now the private parties have resolved their dispute and effected a compromise. Learned counsel for respondent No. 2-complainant as well as the learned counsel for the State have admitted the factum of the compromise and have no objection if the impugned FIR and the consequential proceedings emanating therefrom are quashed.

8. In view of the statement suffered by the learned counsel for the respondents and the factum of the compromise effected between the private parties, pendency of the impugned FIR and the consequential proceedings emanating therefrom would be sheer abuse of the process of law. Even the chances of ultimate conviction and sentence of the petitioner are bleak.

                                            (NARESH KUMAR SANGHI)
January 15, 2013                                     JUDGE
Pkapoor