Davinder Singh v. State Of Punjab & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No. M-34061 of 2016 Date of decision:- November 30, 2016 Davinder Singh

...Petitioner

Versus

State of Punjab & anr.

...Respondents

CORAM : HON'BLE MR. JUSTICE JASPAL SINGH Present :

Mr. Lakhwinder Singh Mann, Advocate, for the petitioner.

Mr. B.S. Cheema, DAG, Punjab.

Mr. Aakash Juneja, Advocate, for respondent No.2.

***** JASPAL SINGH, J.

Instant petition has been preferred under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.185, dated 11.12.2015, under Sections 341, 324, 506, 148 and 149 IPC, Police Station Civil Lines Bathinda District Bathinda (Annexure P-1) as well as all subsequent proceedings arising out of the same, on the basis of compromise dated 19.09.2016 (Annexure P-2).

2.

In compliance of order dated 23.09.2016, report of learned Judicial Magistrate has been received, in which, it has been categorically observed that the parties have suffered the statements voluntarily and without any pressure or coercion and compromise effected between the parties is genuine and without any pressure. Even otherwise, the matter involved is personal in nature, which has been amicably put at rest. Compromise is the soul of justice, which not only enhances the social amity, harmony and peace but also reduces friction and discord. Sonia Bura 2016.12.03 12:18 I attest to the accuracy and integrity of this document chandigarh

CRM No. M-34061 of 2016 -23.

So, in view of above circumstances and in view of the pronouncement captioned as "Kulwinder Singh & others v. State of Punjab & others; 2007 (3) RCR (Criminal) 1052, I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for their benefit and will bring peace and harmony between them. 4.

Consequently, the instant petition stands allowed and FIR No.185, dated 11.12.2015, under Sections 341, 324, 506, 148 and 149 IPC, Police Station Civil Lines Bathinda District Bathinda (Annexure P-1) and all other consequential proceedings arising therefrom are quashed qua the petitioner.

November 30, 2016 (JASPAL SINGH) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Sonia Bura 2016.12.03 12:18 I attest to the accuracy and integrity of this document chandigarh