Sonu @ Baljinder Singh & ORS v. State Of Punjab And ORS

CRM M-32377 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-32377 of 2015 Date of decision : 25.02.2016 Sonu @ Baljinder Singh & ors.

....Petitioners V/s State of Punjab & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. S.S. Gill, Advocate for the petitioners.

Mr. Sidakmeet Sandhu, AAG Punjab.

Mr. R.K. Arya, Advocate for respondents no. 2 to 4. RAJAN GUPTA J.

Petitioners have filed this petition under section 482 Cr.P.C. seeking quashing of DDR No. 14 dated 23.04.2013 registered under sections 323/324/326/148/149 IPC at police station Bhaini Mian Khan, District Gurdaspur on the basis of compromise.

Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and others vs. State of Punjab, 2007(3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned DDR deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh's case supra and submits that in case AJAY KUMAR 2016.02.27 13:53 I attest to the accuracy and authenticity of this document

CRM M-32377 of 2015 a compromise is arrived at between the parties the State would not stand in the way of quashing of DDR.

Heard.

It appears that on 20.11.2015 a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:- "From the statements of the parties recorded, it appears to the Court that the parties have entered into said compromise which is without any pressure, coercion and same has been done with the free consent of the parties. It is further submitted that DDR no. 14 dated 23.04.2013 was filed against ten persons (as mentioned above) and all of them have appeared and got recorded their statements and none of the accused has been declared proclaimed offender."

Compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of above, the present DDR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh's case supra.

Resultantly, the present petition is allowed. The DDR in question and the subsequent proceedings arising therefrom are quashed.

February 25, 2016 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2016.02.27 13:53 I attest to the accuracy and authenticity of this document