Jaspreet Singh And ANR v. State Of Punjab And ANR

CRM-M-1209 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-1209 of 2018 Date of decision: 14.08.2018 Jaspreet Singh and another .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Surinder Thakur, Advocate for the petitioners.

Mr. Sandeep Kumar, DAG, Punjab.

None for respondent no. 2.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.153 dated 24.10.2016 (Annexure P-1), registered for offences punishable under Sections 324/34 of Indian Penal Code (for short 'IPC') at Police Station Model Town, Hoshiarpur, District Hoshiarpur, along with all consequential proceedings arising therefrom, on the basis of compromise dated 09.01.2018 (Annexure P-2).

As per case of the prosecution, the occurrence took place on 13.10.2016, when complainant was called outside his house at about 01.30 a.m. and caused injuries by petitioners.

Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file as Annexure P-2.

Learned State counsel has also not disputed compromise (Annexure P-2).

JITENDER KUMAR 2018.08.14 15:59 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-1209 of 2018 -2In 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 report dated 01.03.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine, voluntary in nature, lawful and without any kind of pressure, undue influence, coercion and fear.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition 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, the instant petition is allowed and the impugned FIR No. 153 dated 24.10.2016 (Annexure P-1) registered at Police Station Model Town Hoshiarpur, District Hoshiarpur along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

August 14, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2018.08.14 15:59 I attest to the accuracy and integrity of this document Chandigarh