Swaran Singh And ORS. v. State Of Punjab And ANR.

CRM-M-6572-2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (1) Crl. Misc. No. M-6572 of 2019(O&M) Date of decision: July 31, 2019 Swaran Singh and others ..... PETITIONER(s)

Versus

State of Punjab and another ....RESPONDENT(s) (2) Crl. Misc. No.M-6570 of 2019 (O&M) Sewa Singh and others ..... PETITIONER(s)

Versus

State of Punjab and another ....RESPONDENT(s)

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

None.

SURINDER GUPTA, J(Oral) This order will dispose of both the aforementioned petitions filed under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.52 dated 01.05.2018 registered at Police Station Kulgari, District Ferozepur for the offence punishable under Section 324, 323 read with Section 34 of Indian Penal Code (for short-IPC) and DDR No.24 dated 01.05.2018 recorded in the aforementioned FIR along with all consequential proceedings arising therefrom on the basis of compromise dated 11.12.2018 (Annexure P-3).

As per case of prosecution, occurrence took place on 29.04.2018 when complainant Sewa Singh in CRM-M-6572-2019 was caused injuries by the petitioners. In the cross case (CRM-M-6570-2019) it was alleged that petitioners Sewa Singh and others caused injuries to Swaran SACHIN MEHTA 2019.08.01 12:37 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-6572-2019 -2Singh.

The matter has since been settled vide compromise, copy of which has been placed on file as Annexure P-3. In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its joint report dated 11.04.2019 in both the petitions, stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine and without any pressure or undue influence. Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR and DDR should be quashed. Keeping the cases pending will not serve the ends of justice. The quashing of the FIR and DDR will provide the parties to these petitions an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, both the aforementioned petitions are allowed. Impugned FIR No.52 dated 01.05.2018 registered at Police Station Kulgari, District Ferozepur for the offence punishable under Section 324, 323 read with Section 34 IPC and DDR No.24 dated 01.05.2018 recorded in the above referred FIR, along with all consequential proceedings arising therefrom, qua petitioners, are quashed. (SURINDER GUPTA) July 31, 2019 JUDGE Sachin M.

Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.08.01 12:37 I attest to the accuracy and authenticity of this document High Court, Chandigarh