Punjab-Haryana High Court
Jagdev Singh @ Happy And Ors vs State Of Punjab And Anr on 18 September, 2017
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
......
(1) Criminal Misc. No.M-9361 of 2017
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Date of decision:18.9.2017
Jagdev Singh alias Happy and others
.....Petitioners
v.
State of Punjab and another
.....Respondents
....
(2) Criminal Misc. No.M-9137 of 2017
.....
Lali Kumar and others
.....Petitioners
v.
State of Punjab and others
.....Respondents
....
Coram: Hon'ble Mr. Justice Inderjit Singh
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Present: Mr. Navraj S. Mahal, Advocate for Mr. Deepinder Brar,
Advocate for the petitioners in Cr. Misc. No.M-9361 of 2017
and for the complainant-respondents No.2 and 3 in Cr. Misc.
No.M-9137 of 2017.
Ms. Tarun Preet Kaur, Advocate for the petitioners in Cr. Misc.
No.M-9137 of 2017 and for the complainant-respondent No.2
in Cr. Misc. No.M-9361 of 2017.
Mr. Gaurav Garg Dhuriwala, Senior Deputy 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-9361 of 2017 filed under Section 482 Cr.P.C. for quashing of FIR No.50 dated 27.10.2016 registered for the offences under Sections 452, 323, 324, 326 and 34 IPC at Police 1 of 3 ::: Downloaded on - 23-09-2017 14:11:28 ::: Cr. Misc. Nos.M-9361 of 2017 etc. [2] Station Lakhewali, District Sri Muktsar Sahib and Criminal Misc. No.M- 9137 of 2017 filed for quashing of DDR No.18 dated 28.10.2016 registered for the offences under Sections 324, 323, 148 and 149 IPC in FIR No.50 dated 27.10.2016 and all other subsequent proceedings arising therefrom on the basis of compromise (Annexure-P.3).
The FIR and the DDR 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 Sub Divisional Judicial Magistrate, Malout has sent her two reports dated 19.4.2017 and 24.4.2017 respectively 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 Senior Deputy 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 the FIR and the DDR in view of the law laid down by the Hon'ble Supreme Court.
2 of 3 ::: Downloaded on - 23-09-2017 14:11:29 ::: Cr. Misc. Nos.M-9361 of 2017 etc. [3] 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, these petitions are allowed and FIR No.50 dated 27.10.2016 registered for the offences under Sections 452, 323, 324, 326 and 34 IPC at Police Station Lakhewali, District Sri Muktsar Sahib and DDR No.18 dated 28.10.2016 registered for the offences under Sections 324, 323, 148 and 149 IPC in FIR No.50 dated 27.10.2016 and all other subsequent proceedings arising out of the same are hereby quashed qua the petitioners.
September 18, 2017. (Inderjit Singh)
Judge
*hsp*
NOTE: Whether speaking/reasoned: Yes
Whether reportable: No
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