High Court of Punjab and HaryanaCRM-M/21848/2018allowed

Parvinder Kumar And Others v. State Of Punjab And Others

2018-07-20Mr. Justice Augustine George Masih2 pages

CRM-M-21848 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-21848 of 2018 Date of decision: 20.07.2018 Parvinder Kumar @ Bhinder and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Munish Gulati, Advocate for Mr. Ramandeep Singh, Advocate for the petitioners.

Mr. Sandeep Kumar, DAG, Punjab.

Ms. Shilpa, Advocate for Mr. Deepinder Brar, 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.126 dated 08.08.2014 (Annexure P-1), registered for offences punishable under Sections 323/324/34 of Indian Penal Code (for short 'IPC') at Police Station Passiana, District Patiala, alongwith all consequential proceedings arising therefrom, on the basis of compromise dated 14.08.2014 (Annexure P-2). FIR in this case was registered on the statement of respondent no. 2-complainant, wherein he has stated that petitioners caused him injuries on 27.07.2014 while he was going on his motorcycle. 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 submitted that in view of the compromise (Annexure P-2), respondent no. 2Jitender Kumar 2018.07.24 14:47 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-21848 of 2018 -2complainant has no objection if 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 19.07.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature, 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 impugned FIR No. 126 dated 08.08.2014 (Annexure P-1) registered at Police Station Passiana, District Patiala along with all consequential proceedings arising therefrom, qua petitioners, is quashed. July 20, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2018.07.24 14:47 I attest to the accuracy and integrity of this document Chandigarh