Baljeet Singh And Others v. State Of Punjab & Another

CRM-M-30355-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30355-2017 Date of decision:- 07.02.2018 Baljeet Singh and others .....Petitioners

Versus

State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Vikas Kumar, Advocate for the petitioners.

Mr. Harbir Sandhu, AAG, Punjab.

Mr. Harsh Chopra, Advocate for respondent No.2.

**** MAHABIR SINGH SINDHU , J. (ORAL) Present petition is filed praying for quashing FIR No.12 dated 01.03.2016, under Sections 149, 323, 341, 379, 427 and 506 IPC, registered at Police Station Division No.3, Police Commissionerate Ludhiana, on the basis of compromise entered into between the parties. 2.

Learned counsel for both the parties jointly stated that the dispute is between landlord and tenant and they have settled the same amicably.

3.

Heard.

Naresh Kumar 2018.02.12 16:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-30355-2017 -24.

Both the parties were directed by this Court vide order dated 21.08.2017 to appear before the learned trial Court/Illaqa Magistrate and get their statements recorded and in pursuance thereof, learned Judicial Magistrate 1st Class, Ludhiana, recorded the statements of both the parties and submitted a report dated 07.10.2017. A perusal of the report reveals that the compromise entered into between the parties is without any inducement or pressure. Even as on today the parties are not disputing the factum of compromise arrived at between them. 5.

No objection has been raised by the learned State counsel on a specific query put to him by the Court with regard to quashing of the FIR as well as all other consequential proceedings on the basis of the compromise effected between the parties in this case. 6.

Inasmuch as the dispute between the parties has been amicably settled and they have already entered into compromise, and the fact that no objection has been raised by the State, continuance of the prosecution would be an exercise in futility. Therefore, the aforesaid FIR and all consequent proceedings resulting therefrom, qua petitioners only, are quashed.

7.

Petition is allowed.

( MAHABIR SINGH SINDHU) February 07, 2018 JUDGE naresh.k Whether reportable?

No Whether reasoned/speaking?

Yes Naresh Kumar 2018.02.12 16:57 I attest to the accuracy and integrity of this document Chandigarh