Punjab-Haryana High Court
Amanpreet Singh And Others vs State Of Punjab And Others on 21 March, 2014
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.M-39771 of 2013
.....
Date of decision:21.3.2014
Amanpreet Singh and others
.....Petitioners
v.
State of Punjab and others
.....Respondents
....
Present: Mr. A.S. Kalra, Advocate for the petitioners.
Mr. Jaspreet Singh, Assistant Advocate General, Punjab
for the respondent-State.
Mr. Bikram Singh, Advocate for respondents No.2 and 3.
.....
Inderjit Singh, J.
This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.139 dated 15.10.2013 (Annexure-P.1) registered for the offences under Sections 308, 341, 323, 148 and 149 IPC at Police Station Balachaur, District S.B.S. Nagar and all subsequent proceedings arising therefrom in view of the compromise dated 29.10.2013 (Annexure-P.3).
The FIR has been registered on the statement of complainant- Davinder Singh that the petitioners along with two unidentified boys armed with deadly weapons attacked them and inflicted injuries. On the alarm raised by Jashanpreet Singh, people gathered there and all the accused persons ran away from the spot with their respective weapons. Petitioners' side also received injuries in the incident. Now with the Parmar Harpal Singh 2014.03.22 16:46 I attest to the accuracy and integrity of this document Chandigarh Cr. Misc. No.M-39771 of 2013 [2] intervention of the respectable persons, the matter has been compromised between the parties and they are willing to live peacefully and bury the hatchet. Both the parties have removed their differences with the intervention of the respectable of the area, as good senses have prevailed upon them.
Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Illaqa Magistrate for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Malerkotla (Sangrur) has sent her report dated 5.3.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Davinder Singh stated that they have effected compromise with the petitioners without any pressure or coercion and out of their own free will. He has no objection, if the aforesaid FIR and DDR are quashed.
Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant- respondent No.2 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 the FIR in view of the law laid down by the Hon'ble Supreme Court.
I have gone through the record and have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No.2. Parmar Harpal Singh 2014.03.22 16:46 I attest to the accuracy and integrity of this document Chandigarh
Cr. Misc. No.M-39771 of 2013 [3] 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.
The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, has held that the inherent jurisdiction of this Court under Section 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the matter has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No.139 dated 15.10.2013 (Annexure-P.1) registered for the offences under Sections 308, 341, 323, 148 and 149 IPC at Police Station Balachaur, District S.B.S. Nagar and all subsequent proceedings arising out of the same are hereby quashed.
March 21, 2014. (Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2014.03.22 16:46 I attest to the accuracy and integrity of this document Chandigarh