Palwinder Singh @ Bhinda Brar And ORS v. State Of Punjab And ORS

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

Criminal Misc. No.M-31981 of 2016 .....

Date of decision:27.10.2016 Palwinder Singh alias Bhinda Brar and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Bir Davinder Singh, Advocate for the petitioners. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

Mr. J.S. Bhinder, Advocate for complainant-respondents No.2 and 3.

.....

Inderjit Singh, J.

Today vide separate order passed in Criminal Misc. No.33645 of 2016, the hearing of this case has been preponed from 14.1.2017 for today.

Learned counsel for the parties pray that main petition be taken up hearing today itself.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.12 dated 5.3.2015 (Annexure-P.1) registered for the offences under Sections 323, 324, 148, 149 and 341 IPC and (Section 326 IPC, which was added later on vide DDR No.20 (Annexure-P.2) dated 1.4.2015) at Police Station SGN Dev Thermal Plant, Bathinda, District

Cr. Misc. No.M-31981 of 2016 [2] Bathinda and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.3).

The FIR has been registered on the statement of complainantAmarjit Singh on the allegations that the accused-petitioners attacked him and respondent No.3 and inflicted injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between the 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 Judicial Magistrate Ist Class, Bathinda has sent his report dated 4.10.2016 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 the complainantrespondents No.2 and 3 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-respondents No.2 and 3 and have gone through the record. In a decision, based on compromise, none of the parties is a

Cr. Misc. No.M-31981 of 2016 [3] 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, this petition is allowed and FIR No.12 dated 5.3.2015 (Annexure-P.1) registered for the offences under Sections 323, 324, 148, 149 and 341 IPC and (Section 326 IPC which was added later on vide DDR No.20 (AnnexureP.2) dated 1.4.2015) at Police Station SGN Dev Thermal Plant, Bathinda, District Bathinda and all subsequent proceedings arising out of the same are hereby quashed.

October 27, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No