Jaswinder Singh @ Pappu And ORS. v. State Of Punjab And ANR.

CRM-M-18288 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-18288 of 2018 Date of decision: 04.09.2018 Jaswinder Singh @ Pappu and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Siddharth Gupta, Advocate for the petitioners.

Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

Ms. Naina Ishar, Advocate for respondent No.2.

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.67 dated 11.05.2016 (Annexure P-1), registered for offences punishable under Sections 447/511/427/379/120-B of Indian Penal Code (for short 'IPC') at Police Station Dayalpura, District Bathinda, along with all consequential proceedings arising therefrom, on the basis of compromise dated 27.04.2018 (Annexure P-2).

Heard.

As per case of the prosecution, petitioners have uprooted 135 eucalyptus trees in the land of complainant and have also stolen 20/21 eucalyptus trees.

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.

Learned counsel for respondent No.2-complainant has JITENDER KUMAR 2018.09.05 12:00 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-18288 of 2018 -2submitted that in view of the compromise (Annexure P-2), respondent no. 2complainant has 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 16.05.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure, threat or coercion. 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. 67 dated 11.05.2016 (Annexure P-1), registered at Police Station Dayalpura, District Bathinda along with all consequential proceedings arising therefrom, qua petitioners, is quashed. September 04, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2018.09.05 12:00 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH