Sukhpal Singh And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-10.05.2022 SUKHPAL SINGH AND ANOTHER ... Petitioners

Versus

STATE OF PUNJAB AND OTHERS ... Respondents

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH Present:- Mr. Jaspreet Singh Brar, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

***** KARAMJIT SINGH , J. (Oral) CRM-16610-2022 In view of the reasons mentioned in the application, the same is allowed and the main case is ordered to be taken on board today itself. Present petition is for quashing of FIR No.11 dated 27.1.2016 registered under Sections 324/323/34 IPC at Police Station Jaito, District Faridkot on the basis of compromise dated 23.03.2021 (Annexure P-2) along with other consequential proceedings arising thereto.

( 2 ) Mr. Shavinder Pal Singh, Advocate has put in appearance on behalf of respondents No.2 & 3 and filed power of attorney, which is taken on record.

FIR in this case was registered on the basis of statement of respondent No.2-Raj Kumar, as per which at the time of occurrence both the petitioners attacked respondents No.2 & 3 and caused injuries to them. On notice of motion, respondents No.2 and 3 appeared in the Court through their counsel and pleaded that they have no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

In compliance thereof, report from the Court of Chief Judicial Magistrate Class, Faridkot along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. I have heard learned counsel for the parties Learned counsel for the parties are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

( 3 ) I am of the view that the aforesaid compromise is in the welfare and interest of the parties and will enable the parties to live in peace and enjoy their life in a dignified manner. Also there is no legal impediment in translating their wishes into reality by putting an end to the criminal prosecution initiated on the basis of FIR in question. For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.11 dated 27.1.2016 registered under Sections 324/323/34 IPC at Police Station Jaito, District Faridkot on the basis of compromise dated 23.03.2021 (Annexure P2) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

( KARAMJIT SINGH) 10.05.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No