Balwant Rai @ Bant & ORS v. State Of Punjab And ANR

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

Criminal Misc. No.M-14996 of 2016 .....

Date of decision:28.7.2016 Balwant Rai alias Bant and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Mandeep Singh, Advocate for Mr. Amit Dhawan, Advocate for the petitioners.

Mr. D.S. Virk, Assistant Advocate General, Punjab for the respondent-State.

Ms. Harpreet Kaur Arora, Advocate for complainantrespondent No.2. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.118 dated 7.8.2013 (Annexure-P.1) registered for the offences under Sections 451, 323, 325 and 34 IPC and (Section 308 IPC, which was added later on) at Police Station Adampur, District Jalandhar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantJoginder Pal on the allegations that the accused-petitioners attacked him and inflicted injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have

Cr. Misc. No.M-14996 of 2016 [2] resolved their disputes and differences.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Additional District & Sessions Judge, Jalandhar has sent his report dated 5.7.2016 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 the complainantrespondent 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 complainant-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.

Cr. Misc. No.M-14996 of 2016 [3] Therefore, keeping in view the fact that the matter has been 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.118 dated 7.8.2013 (Annexure-P.1) registered for the offences under Sections 451, 323, 325 and 34 IPC and (Section 308 IPC, which was added later on) at Police Station Adampur, District Jalandhar and all subsequent proceedings arising out of the same are hereby quashed.

July 28, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No