Punjab-Haryana High Court
Jagbir Singh And Another vs State Of Punjab And Another on 20 September, 2011
Author: Rajan Gupta
Bench: Rajan Gupta
Criminal Misc. No. M-4484 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-4484 of 2011
Date of decision : 20.09.2011
Jagbir Singh and another
....Petitioners
V/s
State of Punjab and another
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. H.S. Bajwa, Advocate for the petitioners.
Mr. Shilesh Gupta, Deputy Advocate General, Punjab.
Mr. Vinod Arya, Advocate for respondent No. 2.
RAJAN GUPTA J. (ORAL)
The petitioner has filed this petition under section 482 Cr.P.C. seeking quashing of cross version case vide DDR No. 24 dated 04.07.2010 in FIR No. 78 dated 04.07.2010 registered under sections 323, 324, 325& 34 IPC at police station Ghagga, District Patiala and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P- 1).
Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and others vs. State of Punjab, 2007, 2007(3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned FIR deserves to be quashed.
Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh's case supra and submits that in case a compromise is Criminal Misc. No. M-4484 of 2011 2 arrived at between the parties the State shall not stand in the way of quashing of FIR.
Heard.
It appears that while issuing notice of motion a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:-
"I have the honour to submit that requisite statement of the parties have been recorded duly counter signed by their counsel in the court in my presence. They made statement that compromise has been effected between the parties without any pressure of threat. I am satisfied that compromise has been effected without any pressure or threat. Original statement of the parties are attached with this letter for your kind perusal. "
The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh's case supra.
Resultantly, the present petition is allowed. The FIR in question and the subsequent proceedings arising therefrom are quashed.
September 20, 2011 (RAJAN GUPTA) Ajay JUDGE