Sikandar Singh And Others v. State Of Punjab And ANR.

CRM-M-7095-2019 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7095-2019 (O&M) Date of Order:05.04.2019 SIKANDAR SINGH AND OTHERS ..Petitioners

Versus

STATE OF PUNJAB AND ANR.

..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. VPS Mithewal, Advocate for the petitioners.

Mr. Bhupender Beniwal,AAG, Punjab Mr. Gaurav Singh, Advocate for Mr. Ashok Sama, Advocate for respondent no.2.

ANIL KSHETARPAL, J(Oral) The petitioners have approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') invoking its inherent jurisdiction for quashing of FIR No.03, dated 09.01.2018, registered under Sections 420, 120-B,201 of the Indian Penal Code, Police Station Machhiwara, Police District Khanna, District Ludhiana and the consequential proceedings arising therefrom. Notice of motion was issued.

In compliance of the order dated 14.02.2019 passed by this Court, the parties got their statements recorded before the learned trial court. Consequently, a report dated 05.03.2019 along with copy of compromise sent by the learned Judicial Magistrate first Class, Samrala has been received which is available on record of the case along with the statements of the parties. Learned Magistrate has reported that the parties have effected compromise with each other without any threat or undue influence. The compromise NARESH KUMAR 2019.04.12 14:50 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-7095-2019 (O&M) -2effected between the parties been found to be genuine and valid one. Learned counsel for the petitioners as well as learned counsel for the State are ad idem that none of the petitioners is proclaimed offender. After hearing the learned counsel for the parties and going through the record of the case, this Court is of the considered opinion that it is a fit case for exercising the inherent jurisdiction of this Court under Section 482 Cr.P.C., so as to secure the ends of justice because the parties have arrived at an out of Court settlement by way of compromise. The compromise is without any pressure and a genuine one. In such a situation, continuation of the prosecution would result in sheer abuse of process of law. For the aforesaid view, this Court finds support from Kulwinder Singh and others Vs.

State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned and to secure the ends of justice, FIR No.03, dated 09.01.2018, registered under Sections 420, 120-B, 201 of the Indian Penal Code, Police Station Machhiwara, Police District Khanna, District Ludhiana and the consequential proceedings arising therefrom are ordered to be quashed, however, qua the petitioners only. Resultantly, with the above-said observations made, the instant petition stands allowed.

April 05, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.04.12 14:50 I attest to the accuracy and integrity of this document Chandigarh