Beant Singh And ORS v. State Of Punjab And ANR

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

Criminal Misc. No.M-31519 of 2014 .....

Date of decision:4.2.2015 Beant Singh and others .....Petitioners v.

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

Present:

Mr. Amandeep Singh, Advocate for the petitioners. Mr. Amarinder Singh Klar, Assistant Advocate General, Punjab for the respondent-State.

None for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of case FIR No.85 dated 22.8.2014 (Annexure-P.1) registered for the offences under Sections 323, 506 and 34 IPC and Section 3(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989 at Police Station Mulepur, District Fatehgarh Sahib and all subsequent proceedings arising therefrom in view of the compromise/affidavit (Annexure-P.2).

The FIR has been registered on the statement of complainantManpreet Singh on the allegations that the accused-petitioners abused him by his caste and inflicted fist blows. They also inflicted injuries by swords. Now with intervention of respectable persons and Panchayat, the matter has been amicably compromised between the parties and they have

Cr. Misc. No.M-31519 of 2014 [2] 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, Fatehgarh Sahib, has sent his report dated 4.11.2014 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 admits the factum of compromise and submits 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 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

Cr. Misc. No.M-31519 of 2014 [3] 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.85 dated 22.8.2014 (Annexure-P.1) registered for the offences under Sections 323, 506 and 34 IPC and Section 3(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989 at Police Station Mulepur, District Fatehgarh Sahib and all subsequent proceedings arising out of the same are hereby quashed.

February 4, 2015.

(Inderjit Singh) Judge *hsp*