Punjab-Haryana High Court
Ravinder Singh @ Kala vs State Of Punjab & Anr on 5 August, 2016
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
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Criminal Misc. No.M-22668 of 2016 (O&M)
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Date of decision:5.8.2016
Ravinder Singh alias Kala
.....Petitioner
v.
State of Punjab and others
.....Respondents
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Coram: Hon'ble Mr. Justice Inderjit Singh
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Present: Mr. Sunil Agnihotri, Advocate for the petitioner.
Mr. D.S. Virk, Assistant Advocate General, Punjab
for the respondent-State.
None for the complainant-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.37 dated 25.3.2007 registered for the offences under Sections 323, 325, 341, 506, 148 and 149 IPC at Police Station Mukerian, District Hoshiarpur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.4).
The FIR has been registered on the statement of complainant- Puran Singh on the allegations that the accused-petitioner along with his accomplices attacked him and respondent No.3 and inflicted injuries. During the trial, the petitioner was declared proclaimed offender vide order dated 18.7.2008 as at that time he was abroad, so he could not face the trial. When he came to India, remaining co-accused had been acquitted by the 1 of 3 ::: Downloaded on - 19-09-2016 00:30:10 ::: Cr. Misc. No.M-22668 of 2016 [2] learned trial Court vide order dated 12.3.2010, as the matter was compromised with them. Now with the intervention of respectable persons, the matter has been amicably compromised between the petitioner and the complainant-respondents No.2 and 3 and they have resolved their disputes and differences.
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, Mukerian has sent her report dated 26.7.2016 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 Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits 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 petitioner as well as learned Assistant Advocate General, Punjab 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 2 of 3 ::: Downloaded on - 19-09-2016 00:30:11 ::: Cr. Misc. No.M-22668 of 2016 [3] 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.37 dated 25.3.2007 registered for the offences under Sections 323, 325, 341, 506, 148 and 149 IPC at Police Station Mukerian, District Hoshiarpur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioner.
August 5, 2016. (Inderjit Singh)
Judge
*hsp*
NOTE: Whether speaking/reasoned: Yes
Whether reportable: No
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