Jagroop Singh And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 281 Criminal Miscellaneous No.M-9345 of 2019 (O & M) Date of Decision: April 10, 2019 Jagroop Singh & others ..... PETITIONER(S)

VERSUS

State of Punjab & others ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI . . .

PRESENT: - Mr. Vikas Gupta, Advocate, for the petitioners. Mr. Sukhbeer Singh, Assistant Advocate General, Punjab.

Mr. Vivek Salathia, Advocate, for respondent Nos.2 and 3.

. . .

Raj Shekhar Attri, J (Oral) By invoking Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.22 dated 23.02.2018 under Sections 363, 366, 342, 506, 457, 380, 120-B IPC registered at Police Station, Chohla Sahib, District Tarn Taran (Annexure P-3) and proceedings emanating therefrom on the basis of compromise dated 30.01.2019 (Annexure P-4) arrived at between the parties.

CRM No.M-9345 of 2019 [2] In the present case, the FIR was registered on the statement of respondent No.2. Now, dispute between the parties have been resolved by way of compromise, Annexure P-4.

Pursuant thereto, a report has been submitted by the Judicial Magistrate 1st Class, Tarn Taran, wherein it has been reported that statements of parties have been recorded and they have voluntarily compromised the matter without any pressure or coercion. Counsel for the State and respondent Nos.2 & 3 have not disputed that the parties i.e. petitioner and the complainant have arrived at a statement with an intent to give burial to their differences. Perusal of the allegations in the FIR reveals that present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court in'Gian Singh vs. State of Punjab and another, 2012 (4) R.C.R. (Criminal) 543' and in the light of facts and circumstances discussed hereinbefore, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that the same are put to an end.

For the foregoing reasons, the petition is allowed. FIR No.22 dated 23.02.2018 under Sections 363, 366, 342, 506, 457, 380, 120-B IPC registered at Police Station, Chohla Sahib, District Tarn Taran (Annexure P-3) and proceedings emanating therefrom stand quashed qua the petitioners.

(Raj Shekhar Attri) April 10, 2019 Judge avin

CRM No.M-9345 of 2019 [3] Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No