Gurtej Singh And ORS v. State Of Punjab And ANR

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

Criminal Misc. No.M-15278 of 2013 .....

Date of decision:30.5.2016 Gurtej Singh and others .....Petitioners v.

State of Punjab and another .....Respondents ....

Coram:

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

Present:

Mr. Karan Jand Mullanpur, Advocate for the petitioners. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

Mr. Arvind Bansal, Advocate for the complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.63 dated 6.4.2013 (Annexure-P.1) registered for the offences under Sections 416, 419, 420, 467, 468, 470, 471 and 34 IPC at Police Station Dera Bassi, District S.A.S. Nagar (Mohali) and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2) qua the petitioners only.

The FIR has been registered on the statement of complainantBhag Singh on the allegations that the accused-petitioners along with their accomplices by hatching conspiracy have cheated him. Now with the intervention of respectable persons, the matter has been amicably settled

Cr. Misc. No.M-15278 of 2013 [2] with the petitioner and compromise has been entered into between them, 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 Sub Divisional Judicial Magistrate, Dera Bassi has sent his report dated 18.5.2013 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 Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for 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 petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for respondent 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

Cr. Misc. No.M-15278 of 2013 [3] amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.63 dated 6.4.2013 (Annexure-P.1) registered for the offences under Sections 416, 419, 420, 467, 468, 470, 471 and 34 IPC at Police Station Dera Bassi, District S.A.S. Nagar (Mohali) and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners only.

May 30, 2016.

(Inderjit Singh) Judge *hsp*