Punjab-Haryana High Court
Jagdev Singh & Anr vs State Of Punjab And Anr on 23 October, 2017
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.M-32812 of 2017
.....
Date of decision:23.10.2017
Jagdev Singh and another
.....Petitioners
v.
State of Punjab and another
.....Respondents
....
Coram: Hon'ble Mr. Justice Inderjit Singh
.....
Present: Mr. Sanjay Vashisth, Advocate for Mr. D.S. Gurna, Advocate
for the petitioners.
Mr. K.S. Aulakh, Deputy Advocate General, Punjab
for the respondent-State.
None for the complainant-respondent No.2.
.....
Inderjit Singh, J.
This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.146 dated 21.9.2014 (Annexure-P.1) registered for the offences under Sections 406, 420, 465, 467, 468, 448 and 120-B IPC at Police Station Sadar, District Ludhiana and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).
The FIR has been registered on the statement of complainant- Inder Pal Singh on the allegations that the accused-petitioners by hatching conspiracy have cheated him. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been 1 of 3 ::: Downloaded on - 24-10-2017 23:30:15 ::: Cr. Misc. No.M-32812 of 2017 [2] entered into between the parties, therefore, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Ludhiana has sent report dated 17.10.2017 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.
Mr. K.S. Aulakh, learned Deputy 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 petitioners 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, this petition is allowed and FIR No.146 dated 21.9.2014 (Annexure-P.1) 2 of 3 ::: Downloaded on - 24-10-2017 23:30:16 ::: Cr. Misc. No.M-32812 of 2017 [3] registered for the offences under Sections 406, 420, 465, 467, 468, 448 and 120-B IPC at Police Station Sadar, District Ludhiana and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.
October 23, 2017. (Inderjit Singh)
Judge
*hsp*
NOTE: Whether speaking/reasoned: Yes
Whether reportable: No
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