High Court of Punjab and HaryanaCRM-M/2227/2018allowed

Gurjant Singh v. State Of Punjab And ANR

2018-09-06Mr. Justice Augustine George Masih2 pages

CRM-M-2227 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-2227 of 2018 Date of decision: 06.09.2018 Gurjant Singh .. Petitioner

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. L.S. Sidhu, Advocate for the petitioner.

Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

Mr. Gurjit Singh Lathani, Advocate for Mr. Ithlesh, Advocate for respondent no. 2.

SURINDER GUPTA, J.(Oral) The petitioner has filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No. 341 dated 19.10.2017 (Annexure P-1), registered for offences punishable under Sections 420/465/467/468/471 of Indian Penal Code (for short 'IPC') at Police Station City Barnala, District Barnala, along with all consequential proceedings arising therefrom, on the basis of compromise dated 15.01.2018 (Annexure P-3).

Learned State counsel on instructions from HC Balbir submits that the dispute in this case was between father and son, which has been amicably resolved as per compromise dated 15.01.2018, copy of which has been placed on filed as Annexure P-3. Investigating officer has also verified the factum of compromise.

Learned counsel for respondent No.2 has submitted that in view of the compromise (Annexure P-3), respondent no. 2 (complainant) has no JITENDER KUMAR 2018.09.07 09:31 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-2227 of 2018 -2objection if the impugned FIR (Annexure P-1) is quashed. 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 08.02.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure or 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. 341 dated 19.10.2017 (Annexure P-1) registered at Police Station City Barnala, District Barnala along with all consequential proceedings arising therefrom, qua petitioners, is quashed. September 06, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2018.09.07 09:31 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH