Baljinder Singh & ORS v. State Of Punjab & ANR

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-2596 of 2014 .....

Date of decision:26.2.2015 Baljinder Singh and others .....Petitioners v.

State of Punjab and others .....Respondents ....

Present:

Mr. Nand Lal Sammi, Advocate for the petitioners. Mr. S.S. Chandumajra, Deputy Advocate General, Punjab for the respondent-State.

None for complainant-respondents No.2 and 3.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.140 dated 31.10.2011 (Annexure-P.1) registered for the offences under Sections 452, 323, 324, 325, 326, 427, 506, 148 and 149 IPC at Police Station Laddowal, District Ludhiana and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantHarbans Singh on the allegations that the accused-petitioners attacked him and his wife and inflicted injuries. Now with intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing

Cr. Misc. No.M-2596 of 2014 [2] the needful, learned Judicial Magistrate Ist Class, Ludhiana has sent her three reports dated 31.10.2014, 3.12.2014 and 19.2.2015 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Learned Deputy Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the petitioners as well as learned Deputy Advocate General, Punjab and have gone through the record.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.140 dated 31.10.2011 (Annexure-P.1) registered for the offences under Sections 452, 323, 324, 325, 326, 427, 506,

Cr. Misc. No.M-2596 of 2014 [3] 148 and 149 IPC at Police Station Laddowal, District Ludhiana and all subsequent proceedings arising out of the same are hereby quashed. February 26, 2015.

(Inderjit Singh) Judge *hsp*