Avtar Singh @ Rinku Bhatia And ANR v. State Of Punjab And ORS

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

Criminal Misc. No.M-32592 of 2018 .....

Date of decision:21.9.2018 Avtar Singh alias Rinku Bhatia and another .....Petitioners v.

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

Coram:

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

Present:

Mr. Raj Sumer Singh, Advocate for Mr. Mansur Ali, Advocate for the petitioners.

Ms. Monika Jalota, Deputy Advocate General, Punjab for the respondent-State.

Mr. Tushaar Madaan, Advocate for complainant-respondents No.2 and 3.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.0040 dated 25.3.2018 (Annexure-P.1) registered for the offence under Section 420 IPC at Police Station City, Nawanshahar, District Shaheed Bhagat Singh Nagar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantLovepreet on the allegations that the accused-petitioners have cheated him and respondent No.3. Now with the intervention of respectable persons, the

Cr. Misc. No.M-32592 of 2018 [2] matter has been amicably settled and compromise has been entered into between the parties, therefore, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Additional Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar has sent report dated 1.9.2018 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 complainant-respondents 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 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-32592 of 2018 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.0040 dated 25.3.2018 (Annexure-P.1) registered for the offence under Section 420 IPC at Police Station City, Nawanshahar, District Shaheed Bhagat Singh Nagar and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. September 21, 2018.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No