Jagdeep Singh v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- 29.08.2023 Jagdeep Singh
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM:
HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Sapan Dhir, Advocate for the petitioner.
Mr. Harpreet Singh, Additional Advocate General, Punjab. Mr. Mohit Sharma, Advocate for respondent No. 2. *** SANJIV BERRY, J.
1.
This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of FIR No.0048 dated 10.9.2016 under Sections 3 (1) (X) of the SC and ST (Prevention of Atrocities) Act, 1989 and Section 66 of Information Technology Act, 2000 and Section 34 IPC registered at Police Station Pojewal, District SBS Nagar, Punjab (Annexure P-2) and all consequential proceedings arising therefrom on the basis of compromise dated 13.2.2023 (Annexure P-8) executed between the parties.
2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 13.2.2023 (Annexure P-8), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to
report with respect to genuineness of the compromise arrived at between the parties.
3.
The Learned Additional Sessions Judge, Shaheed Bhagat Singh Nagar, vide report dated 28.6.2023, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. It is apprised by learned counsel for the petitioner that FIR (Annexure P-2) was registered against the petitioner as well as against Iqbal Singh son of Mehnga Singh, Jasvir Singh @ Bira son of Sagli Ram, Sandip Kaur d/o Balbir Singh. However, accused Sandip Kaur found innocent whereas other accused namely Iqbal Singh and Jasvir Singh were lateron discharged by the Court of learned Additional Sessions Judge, Shaheed Bhagat Singh Nagar on 23.05.2019 in this case and the present petitioner was earlier declared as proclaimed offender in this case but was granted concession of bail vide order dated 27.04.2023 passed by this Court in CRM-M-13710-2023.
4.
These facts have not been controverted by the learned counsel for the State.
5.
Keeping in view the report submitted by the Court of learned Additional Sessions Judge, Shaheed Bhagat Singh Nagar, and also the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant respondent No. 2 has himself compromised the dispute with the petitioner/ accused person.
6.
Consequently, in the light of the above circumstances, the present petition is allowed and the FIR No.0048 dated 10.9.2016 under Sections 3 (1) (X) of the SC and ST (Prevention of Atrocities) Act, 1989 and Section 66 of Information Technology Act, 2000 and Section 34 IPC registered at Police Station Pojewal, District SBS Nagar, Punjab (Annexure P-2) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner. (SANJIV BERRY) JUDGE 29.08.2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No