Karam Singh v. State Of Punjab And ANR

CRM-M-23907-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-23907 of 2018 (O&M) Date of decision: July 18, 2018 Karam Singh .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Baldev Singh Sodhi, Advocate for the petitioners.

Mr. Sandeep Kumar, D.A.G. Punjab.

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.78 dated 15.05.2016 (Annexure P-1), registered for offences punishable under Sections 279, 337 and 338 of Indian Penal Code (for short 'IPC') at Police Station Phase-1, Mohali, along with all consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2). As per case of the prosecution, petitioner caused simple as well as grievous injuries on the person of complainant due to rash and negligent driving of his car.

Learned counsel for the petitioner 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 endorses the Sachin Mehta 2018.07.20 15:07 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-23907-2018 -2submission of learned counsel for the petitioner and 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 11.06.2018 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.78 dated 15.05.2016 (Annexure P-1), registered for offences punishable under Sections 279, 337 and 338 IPC at Police Station Phase-1, Mohali, along with all consequential proceedings arising therefrom, qua petitioner, is quashed. (SURINDER GUPTA) July 18, 2018 JUDGE Sachin M.

Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Sachin Mehta 2018.07.20 15:07 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH