High Court of Punjab and HaryanaCRM-M/16534/2018allowed

Nirmal Singh v. State Of Punjab And ANR

2018-07-24Mr. Justice Augustine George Masih2 pages

CRM-M-16534 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-16534 of 2018 Date of decision: 24.07.2018 Nirmal Singh .. Petitioner

Versus

State of Punjab and another .. Respondent

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Arshdeep Singh Brar, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

Mr. Ishan Sharma, Advocate for Mr. Harjinder Singh Mavi, Advocate for respondent no. 2.

SURINDER GUPTA, J.(Oral) The petitioner has filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No. 30 dated 06.06.2001 (Annexure P-1), registered for offences punishable under Sections 325/323/148/149 of Indian Penal Code (for short 'IPC') at Police Station Badhni Kalan, District Moga, along with all consequential proceedings arising therefrom, on the basis of compromise/affidavit (Annexure P-2).

As per case of the prosecution, the occurrence took place on 18.05.2001, in which complainant-respondent no. 2-Gurdial Singh was caused injuries.

Learned counsel for the petitioners submits that the matter has since been settled vide compromise/affidavit, copy of which has been placed on file as Annexure P-2.

Learned counsel for respondent No.2-complainant has Jitender Kumar 2018.07.25 16:01 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-16534 of 2018 -2submitted that in view of the compromise/affidavit (Annexure P-2), respondent no. 2-complainant has no objection if the impugned FIR (Annexure P-1) is quashed.

Learned State counsel has also not disputed compromise/affidavit (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 17.05.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature, genuine and without any coercion and 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 the impugned FIR no. 30 dated 06.06.2001 (Annexure P-1) registered at Police Station Badhni Kalan, District Moga along with all consequential proceedings arising therefrom, qua petitioners, is quashed. July 24, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2018.07.25 16:01 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH