Surender Singh @ Lucky And ORS. v. State Of Punjab And ORS.

CRM-M-14437 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-14437 of 2018 Date of decision: 20.07.2018 Surender Singh @ Lucky and others .. Petitioners

Versus

State of Punjab and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. T.P.S. Makkar, Advocate for the petitioners.

Mr. Sandeep Kumar, DAG, Punjab.

Mr. P.K.S. Phoolka, Advocate for Mr. V.P.S. Mithewal, Advocate for respondents No.2 and 3.

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.125 dated 02.06.2017 (Annexure P-1), registered for offences punishable under Sections 452/323/506/148/149 of Indian Penal Code (for short 'IPC') at Police Station Lambi, District Sri Muktsar Sahib, along with all consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2).

As per case of the prosecution, petitioners entered house of complainant and caused injuries to respondent no. 3-Puran Singh, who ran in the street. Thereafter, they caused injuries to respondent no. 2-Gurpayar Singh.

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.

Jitender Kumar 2018.07.24 14:47 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-14437 of 2018 -2Learned counsel for respondent No.2-complainant has submitted that in view of the compromise (Annexure P-2), private respondents have no objection if the impugned FIR (Annexure P-1) is quashed.

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

In 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 01.05.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine, voluntary in nature, without any threat or any undue influence. 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 impugned FIR No. 125 dated 02.06.2017 (Annexure P-1) registered at Police Station Lambi, District Sri Muktsar Sahib along with all consequential proceedings arising therefrom, qua petitioners, is quashed. July 20, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2018.07.24 14:47 I attest to the accuracy and integrity of this document Chandigarh