Hardeep Singh Alias Jonny v. State Of Punjab And Another

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

Criminal Misc. No.M-3254 of 2016 .....

Date of decision:11.4.2016 Hardeep Singh alias Jonny .....Petitioner v.

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

Coram:

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

Present:

Mr. Narinder Singh Behgal, Advocate for the petitioner. Mr. Varun Sharma, Assistant Advocate General, Punjab for the respondent-State.

None for the complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.77 dated 17.12.2014 (Annexure-P.1) registered for the offences under Sections 452, 323 IPC and (Section 325 IPC, which was added later on) at Police Station Mullanpur Garibdass, Distt. S.A.S. Nagar (Mohali) and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantKarnail Singh on the allegations that the accused-petitioners attacked him and inflicted injuries. During the pendency of the proceedings, complainantKarnail Singh (respondent No.2) died and now he is represented by his legal heirs) (respondents No.2 (i) to (iv). Now with the intervention of

Cr. Misc. No.M-3254 of 2016 [2] 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, Kharar, has sent her report dated 14.3.2016 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 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 petitioner 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.

Cr. Misc. No.M-3254 of 2016 [3] 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.77 dated 17.12.2014 (Annexure-P.1) registered for the offences under Sections 452, 323 IPC and (Section 325 IPC, which was added later on), at Police Station Mullanpur Garibdass, Distt. S.A.S. Nagar (Mohali) and all subsequent proceedings arising out of the same are hereby quashed.

April 11, 2016.

(Inderjit Singh) Judge *hsp*