Punjab-Haryana High Court
Rajat Nagpal And Ors vs State Of Punjab And Anr on 24 May, 2019
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.M-35119 of 2018
.....
Date of decision:24.05.2019
Rajat Nagpal and others
.....Petitioners
v.
State of Punjab and another
.....Respondents
....
Coram: Hon'ble Mr. Justice Inderjit Singh
.....
Present: Mr. Rishav Jain, Advocate for the petitioners.
Mr. Dhruv Dayal, Senior Deputy Advocate General, Punjab
for the respondent-State.
Mr. Aman Dhir, Advocate for complainant-respondent No.2.
.....
Inderjit Singh, J.
This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.159 dated 5.6.2018 (Annexure-P.1) registered for the offences under Sections 380, 411, 454 and 483 IPC at Police Station City Sangrur, District Sangrur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).
The FIR has been registered on the statement of complainant- Gurdial Chand on the allegations that the accused-petitioners by crossing the wall from the backside of his house, by breaking open the iron grill entered the house and stolen gold articles and cash. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.
1 of 3 ::: Downloaded on - 23-06-2019 10:49:41 ::: Cr. Misc. No.M-35119 of 2018 [2] 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 Chief Judicial Magistrate, Sangrur has sent report dated 1.2.2019 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.
Learned Senior Deputy Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the 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 heard learned counsel for the parties as well as learned State counsel 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, this petition is allowed and FIR No.159 dated 5.6.2018 (Annexure-P.1) 2 of 3 ::: Downloaded on - 23-06-2019 10:49:41 ::: Cr. Misc. No.M-35119 of 2018 [3] registered for the offences under Sections 380, 411, 454 and 483 IPC at Police Station City Sangrur, District Sangrur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.
May 24, 2019. (Inderjit Singh)
Judge
*hsp*
NOTE: Whether speaking/reasoned: Yes
Whether reportable: No
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