Punjab-Haryana High Court
Pardeep Singh Alias Deepa And Others vs State Of Punjab And Others on 25 March, 2014
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.M-283 of 2014
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Date of decision:25.3.2014
Pardeep Singh alias Deepa and others
.....Petitioners
v.
State of Punjab and others
.....Respondents
....
Present: Mr. Sandeep K. Sharma, Advocate for the petitioners.
Mr. K.S. Aulakh, Assistant Advocate General, Punjab
for the respondent-State.
Mr. Naresh Kaushik, Advocate for 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.111 dated 21.6.2012 (Annexure-P.1) registered for the offences under Sections 324, 341, 506, 148, 149 IPC and (Sections 326 and 307 IPC, which were added later on) at Police Station Adampur, District Jalandhar City and all subsequent proceedings arising therefrom in view of the compromise dated 7.11.2013 (Annexure-P.4).
The FIR has been registered on the statement of complainant- Davneet Singh alias Navi on the allegations that the accused-petitioners attacked them with deadly weapons, when the complainant along with Anoop Singh were coming from the fields. It is stated in the petition that Parmar Harpal Singh 2014.04.03 17:08 I attest to the accuracy and integrity of this document Chandigarh Cr. Misc. No.M-283 of 2014 [2] petitioner No.1 has also lodged an FIR against respondent No.3, Amarjeet Singh, Gurpreet Singh alias Gopi and 8-10 other unknown persons. It is stated in the petition that all the parties are having multi-fold litigation between them and have lodged cases against each other. Now with the intervention of relations and respectable persons of the society and keeping in view the old close relation ties between the parties, differences have been amicably settled between them by way of compromise.
Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Jalandhar for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate has sent his report dated 19.3.2014 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 Davneet Singh alias Navi and Anoop Singh alias Nuppi have stated that they have arrived at compromise with the accused-petitioners voluntarily and without any pressure from any side and they have no objection if the FIR is quashed.
Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant- respondents No.2 and 3 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.
Parmar Harpal Singh 2014.04.03 17:08 I attest to the accuracy and integrity of this document Chandigarh
Cr. Misc. No.M-283 of 2014 [3] 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-respondents No.2 and 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.111 dated 21.6.2012 (Annexure-P.1) registered for the offences under Sections 324, 341, 506, 148, 149 IPC and (Sections 326 and 307 IPC, which were added later on) at Police Station Adampur, District Parmar Harpal Singh 2014.04.03 17:08 I attest to the accuracy and integrity of this document Chandigarh Cr. Misc. No.M-283 of 2014 [4] Jalandhar City and all subsequent proceedings arising out of the same are hereby quashed.
March 25, 2014. (Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2014.04.03 17:08 I attest to the accuracy and integrity of this document Chandigarh