Bhadhur Singh v. State Of Punjab And ANR

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

Criminal Misc. No.M-31269 of 2016 .....

Date of decision:11.7.2017 Bhadhur Singh .....Petitioner v.

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

Coram:

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

Present:

Mr. Rajbir Singh, Advocate for the petitioner. Mr. A.S. Dhaliwal, Deputy Advocate General, Punjab for the respondent-State.

Mr. Kulwinder Singh, 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.332 dated 1.11.2014 (Annexure-P.1) registered for the offences under Sections 279, 337 and 427 IPC at Police Station City Sangrur, District Sangrur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantMohit Garg on the allegations that the accused-petitioner, who was driving the truck on very high speed, struck the same into complainant's Activa Scooter from behind, which was damaged. The complainant along with scooter fell on the road and sustained injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between the

Cr. Misc. No.M-31269 of 2016 [2] 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 Chief Judicial Magistrate, Sangrur has sent report dated 15.5.2017 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 Deputy 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 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

Cr. Misc. No.M-31269 of 2016 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.332 dated 1.11.2014 (Annexure-P.1) registered for the offences under Sections 279, 337 and 427 IPC at Police Station City Sangrur, District Sangrur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. July 11, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No