Karamjit Singh & ORS v. State Of Punjab & ORS

CRM-M-11367-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-11367 of 2017 (O&M) Date of decision: October 10, 2017 Karamjit Singh and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. K.S. Sidhu, Advocate for the petitioners.

Mr. C.L. Pawar, Sr. DAG, Punjab.

Mr. K.S. Lakhanpal, Advocate for Mr. Rakesh Gupta, Advocate 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.11 dated 18.01.2017 (Annexure P-1) along with all consequential proceedings arising therefrom, registered for offence punishable under Section 406 of Indian Penal Code (for short 'IPC') at Police Station Patran District Patiala, on the basis of the compromise (Annexure P-4). Learned counsel for the petitioners submits that the matter pertaining to the dispute regarding sale of combine of complainant has since been settled vide compromise, copy of which has been placed on file as Annexure P-4.

Parties have also appeared before the trial Court, where their statements were recorded. As per the report sent by Judicial Magistrate 1st Sachin Mehta 2017.10.10 16:26 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-11367-2017 -2Class, Samana, complainant as well as petitioners appeared before him and made statements that they have amicably resolved the dispute and have no objection if the present FIR is quahsed.

Learned counsel for respondent No.2-complainant has endorsed the submission of learned counsel for the petitioners. He has no objection if the impugned FIR (Annexure P-1) is quashed.

Learned State counsel on instructions from Investigating officer submits that the matter has since been amicably settled and this fact has also been notified to the investigating officer, who has verified the same. 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.11 dated 18.01.2017 (Annexure P-1) registered for offence punishable under Section 406 IPC at Police Station Patran District Patiala along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

October 10, 2017 (SURINDER GUPTA) Sachin M.

JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.10.10 16:26 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH