Resham Singh v. State Of Punjab And Another

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

Criminal Misc. No.M-28536 of 2017 .....

Date of decision:16.11.2017 Resham Singh .....Petitioner v.

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

Coram:

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

Present:

Mr. Vishal Gupta, Advocate for the petitioner. Ms. Simranjeet Kaur, Assistant Advocate General, Punjab for the respondent-State.

Mr. Kapil Khanna, 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.29 dated 15.3.2015 (Annexure-P.1) registered for the offences under Sections 279, 427 and 337 IPC at Police Station Sadar Raikot, District Ludhiana Rural and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantHarjinder Singh on the allegations that the accused-petitioner, while driving his Scorpio vehicle at very high speed, without blowing any horn and negligently and carelessly hit the same on the rear of complainant's tractor, as a result of which his tractor along with Potato uprooting machine turned turtle in the fields and the complainant got stuck underneath the tractor. The

Cr. Misc. No.M-28536 of 2017 [2] people and passerby gathered there. In the meantime, complainant's elder brother Baljinder Singh, who was also coming behind from the field on his motorcycle, reached the spot, who with the help of the people took him out from underneath the tractor. Due to this accident, the complainant sustained injuries upon his right arm, right thigh, left foot and his left leg's calf. 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 Judicial Magistrate Ist Class, Jagraon has sent report dated 13.11.2017 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 parties as well as learned State counsel and have gone through the record. In a decision, based on compromise, none of the parties is a

Cr. Misc. No.M-28536 of 2017 [3] 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.29 dated 15.3.2015 (Annexure-P.1) registered for the offences under Sections 279, 427 and 337 IPC at Police Station Sadar Raikot, District Ludhiana Rural and all subsequent proceedings arising out of the same are hereby quashed qua the petitioner. November 16, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No