Kartar Chand And Others v. State Of Punjab And Another

CRM-M No.22201 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-22201 of 2018 Date of decision: 13.07.2018 Kartar Chand and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. J.S. Warring, Advocate for the petitioners.

Ms. Monika Jalota, DAG, Punjab.

Mr. Priyanshu Kumar, 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.52 dated 09.07.2010 (Annexure P-1), registered for offences punishable under Sections 325/323/34 of Indian Penal Code (for short 'IPC') at Police Station Arniwala, District Ferozepur, along with all consequential proceedings arising therefrom, on the basis of compromise dated 23.04.2018(Annexure P-2).

As per allegations in the FIR registered on 09.07.2010 for offences punishable under Sections 323 and 325 read with Section 34 IPC, petitioners have caused injuries to complainant. Learned counsel for the petitioners submits that the matter has since been settled vide compromise dated 23.04.2018, copy of which has been placed on file as Annexure P-2.

Learned counsel for respondent No.2-complainant has Jitender Kumar 2018.07.16 16:52 I attest to the accuracy and integrity of this document Chandigarh

CRM-M No.22201 of 2018 -2submitted that in view of the compromise (Annexure P-2), respondent no. 2 -complainant 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 06.06.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine, voluntary, without any coercion or undue influence.

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. 52 dated 09.07.2010 (Annexure P-1), registered at Police Station Arniwala, District Ferozepur along with all consequential proceedings arising therefrom, qua petitioners, is quashed. July 13, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2018.07.16 16:52 I attest to the accuracy and integrity of this document Chandigarh