Gurjant Singh & ORS v. State Of Punjab & ORS

CRM-M-15682 of 2014 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-15682 of 2014 Date of Decision: July 20, 2015 Gurjant Singh and others ....Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr.Lakhwinder Singh, Advocate for Mr.K.S.Lakhanpal, Advocate for the petitioners.

Ms.Rajni Gupta, Addl.A.G, Pb.

Rajan Gupta, J (Oral) Petitioners have filed this petition under Section 482 Cr.P.C seeking quashing of F.I.R No.177 dated 23.10.2013 registered under Sections 341, 323, 506, 148, 149 IPC at Police Station, Bhawanigarh, District, Sangrur and all the subsequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned F.I.R deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh's case supra and submit that in case a compromise is arrived at between the parties the State shall not stand in the way of

CRM-M-15682 of 2014 2 quashing of F.I.R.

Heard It appears that on 18.11.2014, a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:- "The report along with the original statement of Gurjant Singh, copies of the statements, which were previously recorded, the copy of the order dated 29.4.2014 passed by the Hon'ble High Court is submitted herewith with the report that the Hon'ble High Court has already quashed the FIR and all consequential proceedings on the basis of compromise between the parties."

The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh's case supra.

Resultantly, the present petition is allowed. The F.I.R in question and the subsequent proceedings arising therefrom are quashed. (Rajan Gupta) Judge July 20, 2015 BB