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High Court of Punjab and HaryanaCRM-M/19998/2018allowed

Ripujit Singh @ Ladda v. State Of Punjab And Another

2018-08-24Mr. Justice Inderjit Singh3 pages

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

Criminal Misc. No.M-19998 of 2018 .....

Date of decision:24.8.2018 Ripujit Singh alias Ladda .....Petitioner v.

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

Coram:

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

Present:

Mr. Hemant Saini, Advocate for the petitioner. Mr. Pawan Sharda, Senior Deputy Advocate General, Punjab for the respondent-State.

Mr. Sunil Agnihotri, 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.0157 dated 17.10.2017 (Annexure-P.1) registered for the offences under Sections 420, 465, 467, 468 and 120-B IPC at Police Station Mukerian, District Hoshiarpur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantPargat Singh on the allegations that the accused-petitioner by hatching

Cr. Misc. No.M-19998 of 2018 [2] conspiracy has cheated him. Now with the efforts of Mediation and Conciliation Centre of Punjab and Haryana High Court, Chandigarh, the matter has been amicably settled and compromise has been entered into between the parties.

Learned Senior Deputy Advocate General, Punjab on instructions from the Investigating Officer and learned counsel for complainant-respondent 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 State counsel 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 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.0157 dated 17.10.2017 (Annexure-P.1) registered for the offences under Sections 420, 465, 467, 468 and 120-B IPC

Cr. Misc. No.M-19998 of 2018 [3] at Police Station Mukerian, District Hoshiarpur and all subsequent proceedings arising therefrom out of the same are hereby quashed qua the petitioner.

August 24, 2018.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No