Manjinder Kaur And ANR v. State Of Punjab And ANR

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

Criminal Misc. No.M-32005 of 2016 .....

Date of decision:14.2.2017 Manjinder Kaur and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Karan Bhardwaj, Advocate for Mr. Ravi Malhotra, Advocate for the petitioners.

Mr. R.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State.

Ms. Surinder Kaur, Advocate for complainant-respondents No.2 to 5.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.95 dated 18.8.2016 (Annexure-P.1) registered for the offences under Sections 323, 324, 452, 506, 148 and 149 IPC along with cross-version (Annexure-P.2) registered under Section 323 registered at Police Station Kartarpur, District Jalandhar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.3). The FIR has been registered on the statement of complainantGurwinder Singh on the allegations that the accused-petitioners attacked him and inflicted injuries to him and respondents No.3 to 5. The crossversion has been registered on the statement of Balbir Kaur (petitioner

Cr. Misc. No.M-32005 of 2016 [2] No.2) on the allegations that the respondents attacked them 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, Jalandhar, 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 to 5 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 cross-version 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 Assistant 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

Cr. Misc. No.M-32005 of 2016 [3] 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.95 dated 18.8.2016 (Annexure-P.1) registered for the offences under Sections 323, 324, 452, 506, 148 and 149 IPC along with cross-version (Annexure-P.2) registered under Section 323 registered at Police Station Kartarpur, District Jalandhar and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners and respondents No.2 to 5.

February 14, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No