Pardeep Kumar And ORS v. State Of Punjab And ANR

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

Criminal Misc. No.M-29337 of 2016 .....

Date of decision:20.9.2016 Pardeep Kumar and others .....Petitioners v.

State of Punjab and another .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. H.P.S. Ishar, Advocate for the petitioners. Mr. D.S. Virk, Assistant Advocate General, Punjab for the respondent-State.

Mr. Sushil Sharma, Advocate for complainant-respondent No.2. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.71 dated 3.3.2012(Annexure-P.1) registered for the offences under Sections 341, 427, 148 and 149 IPC at Police Station Zirakpur, District S.A.S. Nagar (Mohali) and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantRam Mehar on the allegations that the accused-petitioners attacked him when he was going in his car with rods and inflicted injuries and caused damage to his car. The complainant drove off his car to save himself. They also followed him for some distance. If he would not have fled from the place of occurrence or if he would have been outside his car, then the above

Cr. Misc. No.M-29337 of 2016 [2] said persons would have inflicted injuries on his person or they would have killed him. Now with the 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 the needful, learned Sub Divisional Judicial Magistrate, Dera Bassi has sent her report dated 5.9.2016 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 Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the complainantrespondent No.2 admit the factum of compromise and submit 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 Assistant Advocate General, Punjab and learned counsel for complainant-respondent No.2 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

Cr. Misc. No.M-29337 of 2016 [3] 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.71 dated 3.3.2012(Annexure-P.1) registered for the offences under Sections 341, 427, 148 and 149 IPC at Police Station Zirakpur, District S.A.S. Nagar (Mohali) and all subsequent proceedings arising out of the same are hereby quashed.

September 20, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No