Punjab-Haryana High Court
Satwinder Singh And Ors vs State Of Punjab And Another on 25 April, 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM M-7874-2019 (O&M)
Date of Decision : 25.04.2019
Satwinder Singh and others
...... Petitioners
Versus
State of Punjab and another
...... Respondents
CORAM : HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
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Present : Nemo.
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RAJ SHEKHAR ATTRI, J. (Oral)
By invoking Section 482 Cr.P.C., the petitioners have prayed for quashing of counter case titled as State vs. Satwinder Singh and others registered vide DDR No.31 dated 18.08.2014, under Sections 341, 323, 354, 506, 34 IPC in case FIR No.210 dated 18.08.2014, registered under Sections 341, 323, 506, 149 IPC, at Police Station Jagraon, District Ludhiana Rural and proceedings emanating therefrom on the basis of compromise (Annexure P-3) arrived at between the parties.
In the present case, the DDR was registered on the statement of Smt. Gurmeet Kaur wife of Natha Singh. Now, dispute between the parties has been resolved by way of compromise Annexure P-3.
Vide order dated 22.02.2019, the parties were directed to appear before the trial Court/Illaqa Magistrate to get their statements recorded with regard to genuineness of compromise.
Pursuant thereto, a report has been submitted by the learned Judicial Magistrate Ist Class, Jagraon wherein it has been reported that 1 of 2 ::: Downloaded on - 28-04-2019 00:43:59 ::: CRM M-7874-2019 (O&M) -2- statements of the parties have been recorded and they have voluntarily compromised the matter.
After going through the material available on record especially the aforesaid report of the learned court below, it is clear that the parties willfully have arrived at a settlement with an intent to give burial to their differences.
Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court in 'Gian Singh v. State of Punjab and another', 2012 (4) R.C.R. (Criminal) 543 and in the light of facts and circumstances discussed hereinbefore, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that the same are put to an end.
For the foregoing reasons, the petition is allowed, the counter case titled as State vs. Satwinder Singh and others registered vide DDR No.31 dated 18.08.2014, under Sections 341, 323, 354, 506, 34 IPC in case FIR No.210 dated 18.08.2014, registered under Sections 341, 323, 506, 149 IPC, at Police Station Jagraon, District Ludhiana Rural and proceedings emanating therefrom stand quashed qua the petitioners.
( RAJ SHEKHAR ATTRI)
25.04.2019 JUDGE
mamta
Whether speaking/reasoned Yes/No
Whether Reportable : Yes/No
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