Hardeep Singh v. State Of U T Chandigarh And Others

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-11531 of 2016 .....

Date of decision:1.6.2016 Hardeep Singh .....Petitioner v.

Union Territory, Chandigarh and another .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Vikrant Guleria, Advocate for the petitioner. Mr. A.S. Sullar, Addl. P.P., U.T. for respondent No.1. Mr. Amrinder Singh, Advocate for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.475 dated 30.8.2015 registered for the offences under Sections 279 and 337 IPC at Police Station Mani Majra, Chandigarh and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantChander Shekhar on the allegations that the accused-petitioner struck his three wheeler in complainant's motorcycle due to which he received injuries. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been entered into between the

Cr. Misc. No.M-11531 of 2016 [2] 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, Chandigarh has sent his report dated 12.5.2016 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Learned Addl. P.P., U.T. Chandigarh, on instructions from the Investigating Officer and learned counsel for complainant-respondent No.2 admit the factum of compromise and submit 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 petitioner as well as learned Addl. P.P., U.T. Chandigarh and learned counsel for complainantrespondent No.2 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

Cr. Misc. No.M-11531 of 2016 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.475 dated 30.8.2015 registered for the offences under Sections 279 and 337 IPC at Police Station Mani Majra, Chandigarh and all subsequent proceedings arising out of the same are hereby quashed.

June 1, 2016.

(Inderjit Singh) Judge *hsp*