Parambir Singh And ORS v. State Of Punjab & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 1.

Parambir Singh and others ..Petitioners

Versus

State of Punjab and another ..Respondents 2.

Criminal Misc. No. M-31433 of 2014 Jasvir Singh and others ..Petitioners

Versus

State of Punjab and others ..Respondents Date of decision: 12.02.2015.

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment?

2. To be referred to reporters or not?

3. Whether the judgment should be reported in the Digest?

Present:

Mr. B.S. Aulakh, Advocate for the petitioners in CRM-M-31112 of 2014 and for respondents No.2 and 3 in CRM-M-31433 of 2014. Mr. Rajeev Sharma, Advocate for the petitioners in CRM-M-31433 of 2014 and for respondent No.2 in CRM-M-31112 of 2014.

Mr. Parupkar Singh Ghuman, Addl. AG, Punjab for the respondent - State.

Daya Chaudhary, J. (Oral) By this judgment, two petitions bearing Criminal Misc. No. M-31112 of 2014 and Criminal Misc. No. M-31433 of 2014 shall be disposed of as it is a case of version and cross-version.

Criminal Misc. No. M-31112 of 2014 has been filed by the petitioners, namely, Parambir Singh, Avtar Singh, Daljeet Singh and Bhindervir Singh, for quashing of First Information Report (for short 'FIR') No.84 dated 25.06.2008, under Sections 324, 323, 34, 201 of Indian Penal Code (for short 'IPC'), registered at Police Station Lambi, District Sri Muktsar Sahib, on the basis of compromise effected between the parties.

Similarly, Criminal Misc. No. M-31433 of 2014 has been filed by the petitioners, namely, Jasvir Singh, Lakhvir Singh and Harjinder Singh, for quashing of cross case registered in aforesaid FIR on the basis of compromise effected between the parties. Vide order dated 29.10.2014, both the parties were directed to appear before the Illaqa Magistrate for recording of their statements with regard to compromise and the Illaqa Magistrate was also directed to send a report along with statements of the parties.

In response to the said directions issued by this Court, a report along with the statements of the parties has been sent by Sub Divisional Judicial Magistrate, Malout, which is on record, wherein it has been stated that the parties to the case in FIR and cross version appeared before the trial Court and they were identified by their respective advocates representing them. It has also been mentioned in the report that the compromise effected between the parties is genuine and is without any threat or undue influence from either side. The Court is satisfied with the statements made by the parties.

also been mentioned that no other case is pending against the parties and no proclaimed offender proceedings are also pending against them. Both the parties have stated in their respective statements that they are not interested in pursuing the criminal proceedings initiated against each other and have no objection in quashing of the FIR as well as cross-version Since the dispute between the parties has been settled by way of compromise and the complainant/injured have no objection in quashing of the FIR and cross-version, no purpose would be served in case proceedings are continued as it would amount to wastage of precious time of the Court and the parties are not going to support the case of the prosecution and as such continuation of proceedings would be a futile exercise.

Moreover, the object of the compromise is to maintain peace and harmony in the relations. Accordingly, the present petitions are allowed and impugned criminal proceedings arising out of FIR No.84 dated 25.06.2008, under Sections 324, 323, 34, 201 IPC, registered at Police Station Lambi, District Sri Muktsar Sahib and its cross version registered in aforesaid FIR as well as all subsequent proceedings arising therefrom qua the petitioners in both the petitions, namely, Parambir Singh, Avtar Singh, Daljeet Singh, Bhindervir Singh, Jasvir Singh, Lakhvir Singh and Harjinder Singh are hereby quashed. 12.02.