Sanpreet Singh & ANR v. State Of Punjab & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM NO. M-26324 OF 2017 DECIDED ON : 27.10.2017 Sanpreet Singh and anr.

...Petitioners

versus State of Punjab and anr.

...Respondents

CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL Present :

Mr. Rishu Mahajan, Advocate, for the petitioners.

Mr. Bhupender Beniwal, AAG, Punjab.

***** ANUPINDER SINGH GREWAL, J. (ORAL) The petitioners are seeking quashing of FIR No.134 dated 24.03.2017, under Sections 379-B, 34, 411 of IPC, registered at Police Station Civil Lines, Amritsar, on the basis of compromise dated 12.06.2017 (Annexure P-2), which has been arrived at between the parties. Learned counsel for the petitioners contends that the FIR was registered against unknown persons and the petitioners were arraigned as accused even though the complainant stated that they are not the persons involved in the incident. He further states that the matter has also been compromised with the complainant. He has also placed reliance upon the judgments of coordinate Benches of this Court passed in the case of bearing number CRM-M-28048-2016, Omkar Singh and others Vs.

State of Punjab and another and CRM-M-32684-2015, Amandeep Kumar and others Vs. State of Punjab and another, wherein FIR under Section 379-B of IPC was quashed on the basis of compromise. This Court by the order dated 16.08.2017 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their Sonia Bura 2017.10.

CRM-M-26324-2017 -2statements with regard to veracity of the compromise. The District & Sessions Judge, Amritsar, has sent his report dated 28.08.2017, wherein it is stated that in pursuance to the order of this Court, statements of the parties were recorded. As per the statements, compromise has been effected without any pressure, fear or undue influence.

The FIR is an outcome of a sudden quarrel between the neighbours which has now been resolved. The injuries are on non-vital parts of the body of complainant.

In view of the law laid down in "Narinder Singh Vs. State of Punjab" 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.134 dated 24.03.2017, under Sections 379-B, 34, 411 of IPC, registered at Police Station Civil Lines, Amritsar, on the basis of compromise dated 12.06.2017 (Annexure P-2) are hereby quashed qua the petitioners only. (ANUPINDER SINGH GREWAL) JUDGE 27.10.2017 sonia Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Sonia Bura 2017.10.28 13:24 I attest to the accuracy and integrity of this document chandigarh