Gursewak Singh And ORS. v. State Of Punjab And ANR.

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

Criminal Misc. No.M-1700 of 2017 .....

Date of decision:8.3.2017 Gursewak Singh and others .....Petitioners v.

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

Coram:

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

Present:

Ms. Riffi Birla, Advocate for the petitioners. Mr. J.S. Bhullar, Assistant Advocate General, Punjab for the respondent-State.

Ms. Bhawana Advocate for Ms. Manjit Kaur, Advocate for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.378 dated 19.11.2013 (Annexure-P.1) registered for the offences under Sections 452, 379, 506 and 427 IPC at Police Station City Ferozepur, District Ferozepur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantMukhtiar Singh on the allegations that the accused-petitioners armed with weapons entered their house by raising `Lalkara' to teach a lesson for demanding `1,25,000/- from them. They caused damage to the doors, windows, sink, almirah and broke all the mirrors of whole house and caused

Cr. Misc. No.M-1700 of 2017 [2] lot of damage. The complainant and his wife saved them by running through the back gate of drawing room into the street. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have 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 Chief Judicial Magistrate, Ferozepur, has sent her report dated 1.3.2017 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 parties as well as learned Assistant Advocate General, Punjab 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

Cr. Misc. No.M-1700 of 2017 [3] 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 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.378 dated 19.11.2013 (Annexure-P.1) registered for the offences under Sections 452, 379, 506 and 427 IPC at Police Station City Ferozepur, District Ferozepur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. March 8, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No