High Court of Punjab and HaryanaCRM-M/8142/2023disposed of

Sunil Kumar @ Sheela And Others v. State Of Punjab And Another

2023-04-11Mr. Justice Harsh Bunger3 pages

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Ms. Prathula Sethi, Advocate for respondent No.2.

( ) % *+,- This petition has been filed for quashing of FIR No.18 dated 26.01.2023, under Sections 452, 323, 324, 148 and 149 of Indian Penal Code, 1860 registered at Police Station City Batala, Police District Batala, District Gurdaspur (Annexure P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise dated 07.02.2023 (Annexure P-2), effected into between the parties.

Vide order dated 15.02.2023, the 77+8++9 !

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was directed to record the statements of the parties with regard to the genuineness and validity of the compromise.

In compliance thereof, the Additional Civil Judge (Senior Division), Cum-Sub Divisional Judicial Magistrate, Batala has submitted its report, vide letter dated 27.03.2023, which indicates that the parties appeared before the Magistrate and got recorded their respective statements with

-- regard to the validity of the compromise. As per the report, the compromise arrived at between the parties is genuine, voluntary and without any coercion #(# 07#/ ' #!+7 0 1!+ ( '

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! +( 1+. ' #!( 10 7 In the light of the judgments rendered by the Hon'ble Apex Court in the cases of Shakuntala Sawhney Vs. Kaushalya Sawhney, (1979) 3 SCR 639 and Gian Singh Versus State of Punjab and another. 2012(4) RCR (Criminal) 543 and considering the entire facts, compromise, the statements of the parties recorded before the Additional Civil Judge (Senior Division), Cum-Sub Divisional Judicial Magistrate, Batala and also the report dated 27.03.2023 submitted by Additional Civil Judge (Senior Division), Cum-Sub Divisional Judicial Magistrate, Batala since the parties have arrived at a compromise by amicably settling their disputes and have decided to live in peace, no useful purpose will be served in allowing the criminal proceedings to continue.

-;- Further, in the light of the above mentioned judicial precedents, when the parties have entered into a compromise, then continuation of the proceedings would be mere an abuse of process of the Court. In order to prevent unnecessary continuation of criminal proceedings on the ground that there are bleak chances of conviction in the case, I am of the considered view that it would be in fitness of things to quash the proceedings on the basis of compromise and by quashing the FIR while accepting the prayer of the petitioners, would be securing the ends of justice.

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! +77 *( FIR No.18 dated 26.01.2023, under Sections 452, 323, 324, 148 and 149 of Indian Penal Code, 1860 registered at Police Station City Batala, Police Batala, District Gurdaspur (Annexure P-1) along with all subsequent proceedings arising therefrom-+ 8#+!1(8#+ 1'

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