Kulwant Singh & ORS v. State Of Punjab And ORS

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

Criminal Misc. No.M-30213 of 2015 .....

Date of decision:15.11.2016 Kulwant Singh and others .....Petitioners v.

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

Coram:

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

Present:

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

Ms. Bandana Dogra, Advocate for Mr. D.S. Sidhu, Advocate for complainant-respondent No.2.

None for respondents No.3 to 6.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.86 dated 15.10.2010 (Annexure-P.1) registered for the offences under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station Arniwala, District Fazilka and all subsequent proceedings arising therefrom in view of the compromise/affidavit (Annexures-P.2 and P.3).

The FIR has been registered on the statement of complainantGurcharan Singh on the allegations that the accused-petitioners by hatching

Cr. Misc. No.M-30213 of 2015 [2] conspiracy have cheated him. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been entered into between the parties, therefore, 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, Fazilka has sent his report dated 17.8.2016 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 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 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.

Cr. Misc. No.M-30213 of 2015 [3] 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.86 dated 15.10.2010 (Annexure-P.1) registered for the offences under Sections 420, 465, 467, 468, 471 and 120B IPC at Police Station Arniwala, District Fazilka and all subsequent proceedings arising out of the same are hereby quashed. November 15, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No