Kuldeep Singh And Ors vs Joginder Singh And Anr on 29 November, 2014

[Cites 9, Cited by 2]

Punjab-Haryana High Court

Kuldeep Singh And Ors vs Joginder Singh And Anr on 29 November, 2014

Bench: Lisa Gill

                         IN THE HIGH COURT OF PUNJAB AND HARYANA
                                  AT CHANDIGARH


                                       Criminal Misc. M- No. 23086 of 2014 (O&M)
            228                             Date of decision : 29.11.2014


            Kuldeep Singh and others                                   .....Petitioners

                                            Versus

            Joginder Singh and another                                 ....Respondents

            CORAM:- HON'BLE MRS. JUSTICE LISA GILL


            Present:            Mr. A.P.S. Tung, Advocate
                                for the petitioners.

                                Mr. A.P.S. Brar, Advocate for
                                Mr. G.S. Jagpal, Advocate
                                for respondent No. 1.

                                Mr. P.S. Grewal, DAG, Punjab


            LISA GILL, J.

1. This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of complaint No. 153 of 2008 dated 08.10.2008 registered under Section 3 (x) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act) and Sections 323/325/506/148/149 Indian Penal Code (for short 'IPC') and all other consequential proceedings arising therefrom on the basis of an amicable settlement arrived at between the parties.

2. The above said complaint had been instituted by respondent No. 1 - Joginder Singh alleging commission of offences under Sections 3 (x) of the SC/ST Act and Sections 323/325/506/148/149 IPC.

RITU SHARMA

2014.12.03 17:50 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. M- No. 23086 of 2014 (O&M) -2-

3. Due to intervention of respectables, elders and friends, a compromise is stated to have been arrived at between the parties on 01.06.2014 (Annexure P-3). The parties wish to live in peace and harmony and put an end to the acrimony between them. The present petition has been filed on the basis of this compromise.

4. This Court on 16.10.2014 had directed the parties to appear before learned trial court on 13.11.2014 for getting their statements recorded in respect to the above-mentioned compromise. Learned trial court was directed to submit a report regarding the genuineness of the compromise, as to whether it has been arrived at out of the free will and volition of the parties without any coercion, fear or undue influence.

5. Pursuant to order dated 16.10.2014, report dated 15.11.2014 has been received from Judicial Magistrate Ist Class, Batala wherein it is stated that the dispute has been resolved amicably between the parties. The settlement has been arrived at voluntarily, without any fear, pressure, coercion. The petitioners are not proclaimed offenders and there is no other case pending against them. Statements of the parties have been appended alongwith the report.

6. Mr. A.P.S. Brar, Advocate appearing on behalf of Mr. G.S. Jagpal, Advocate - counsel for the complainant affirms the factum of settlement between the parties. It is stated that respondent No. 1 - Joginder Singh has no objection to the quashing of this complaint. RITU SHARMA 2014.12.03 17:50 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. M- No. 23086 of 2014 (O&M) -3-

7. In Kulwinder Singh and others versus State of Punjab and another 2007 (3) R.C.R. (Criminal) 1052, a five member Bench of this Court has observed as under:-

"The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Criminal Procedure Code is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice".

8. In view of the above, it would be in the interest of justice to quash the abovesaid complaint as no useful purpose would be served by continuing the present proceedings. It will only lead to wastage of the precious time of the court and would be an exercise in futility.

9. This petition is, thus, allowed and complaint No. 153 of 2008 dated 08.10.2008 registered under Section 3 (x) of the SC/ST Act and Sections 323/325/506/148/149 IPC alongwith all consequential proceedings is, hereby, quashed.

            November 29, 2014                                         (LISA GILL)
            rts                                                        JUDGE




RITU SHARMA
2014.12.03 17:50
I attest to the accuracy and
authenticity of this document
Chandigarh

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