Baljit Singh v. State Of Punjab & ANR

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

(1) Criminal Misc. No.M-3123 of 2016 .....

Date of decision:4.11.2016 Baljit Singh .....Petitioner v.

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

(2) Criminal Misc. No.M-3127 of 2016 .....

Rajvir Singh and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Ajay Pal, Advocate for Mr. Arshdeep Singh, Advocate for the petitioner in Cr. Misc. No.M-3123 of 2016 and for respondent No.2 in Cr. Misc. No.M-3127 of 2016. Mr. Shiv Charan Bhola, Advocate for Mr. K.S. Sekhon, Advocate for the petitioners in Cr. Misc. No.M-3127 of 2016 and for respondent No.2 in Cr. Misc. No.M-3123 of 2016. Mr. Neeraj Sharma, Additional Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

This order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M-3123 of 2016 filed under Section 482 Cr.P.C. for quashing of FIR No.17 dated 8.4.2015 registered for

Cr. Misc. Nos.M-3123 of 2016 etc.

[2] the offences under Sections 353, 332, 294 and 427 IPC at Police Station Sadiq, District Faridkot and Criminal Misc. No.M-3127 of 2016 filed for quashing of Rapat No.04 dated 9.4.2015 registered for the offences under Sections 324, 332, 294 and 427 IPC in FIR No.17 dated 8.4.2016 as well as all other subsequent proceedings arising therefrom on the basis of compromise.

The FIR and the Rapat were got registered against each other by the petitioners of both the petitions as dispute arose as a result of fight between the parties in which injuries were received by both the parties. This is a case of version and cross-version. Now with the intervention of respectable persons, both the parties have arrived at an amicable settlement and have effected a compromise.

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, Faridkot has sent his report dated 20.8.2016 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine.

Learned Additional Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainants 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 and the Rapat in view of the law laid down by the Hon'ble Supreme

Cr. Misc. Nos.M-3123 of 2016 etc.

[3] Court.

I have heard learned counsel for the parties as well as learned Additional Advocate General, Punjab 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.

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, these petitions are allowed and FIR No.17 dated 8.4.2015 registered for the offences under Sections 353, 332, 294 and 427 IPC at Police Station Sadiq, District Faridkot and Rapat No.04 dated 9.4.2015 registered for the offences under Sections 324, 332, 294 and 427 IPC in FIR No.17 dated 8.4.2016 as well as all other subsequent proceedings arising out of the same are hereby quashed.

November 4, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No