High Court of Punjab and HaryanaCRM-M/18961/2018allowed

Suba Singh And Others v. State Of Punjab And Another

2018-09-07Mr. Justice Augustine George Masih2 pages

CRM-M-18961 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-18961 of 2018 Date of decision: 07.09.2018 Suba Singh and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ashish Gupta, Advocate for the petitioners.

Mr. Sandeep Kumar, DAG, Punjab.

None 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.151 dated 19.12.2014 (Annexure P-1), registered for offences punishable under Sections 379/447/427/452/506/148/149 of Indian Penal Code (for short 'IPC') at Police Station Sadar Kotkapura, District Faridkot, along with all consequential proceedings arising therefrom, on the basis of compromise dated 21.03.2018 (Annexure P-2).

Case of prosecution, in brief, is that petitioners entered house of complainant on 07.07.2014 and took away three buffaloes, generator, water meter, cycle and other luggage lying there. They also broke open lock of the door and used foul language against wife of complainant. 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 State counsel has also not disputed compromise JITENDER KUMAR 2018.09.07 16:50 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-18961 of 2018 -2- (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 genuine, valid, voluntary in nature and without any pressure 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. 151 dated 19.12.2014 (Annexure P-1) registered at Police Station Sadar Kotkapura, District Faridkot along with all consequential proceedings arising therefrom, qua petitioners, is quashed. September 07, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2018.09.07 16:50 I attest to the accuracy and authenticity of this document High Court, Chandigarh