Narinder Singh @ Nindu v. State Of Punjab And ORS

CRM-M-33367 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-33367 of 2017 Date of decision: 24.07.2018 Narinder Singh @ Nindu .. Petitioner

Versus

State of Punjab and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Janak Singh Bhinder, Advocate for the petitioners.

Mr. Sandeep Kumar, DAG, Punjab.

SURINDER GUPTA, J.(Oral) The petitioner has filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.56 dated 20.04.2015 (Annexure P-1), registered for offences punishable under Sections 307/323/324/506/148/149 of Indian Penal Code (for short 'IPC') and 25/27 of Arms Act, at Police Station Sadar Dhuri, District Sangrur, along with all consequential proceedings arising therefrom, on the basis of compromise dated 08.08.2017 (Annexure P-2).

As per case of the prosecution, petitioner alongwith his coaccused caused injuries on the person of respondent no. 2-Ashoki Ram. During trial accused Sultan Singh, Rahul Kumar @ Mitha, Satnam Singh 2 Kaka, Tejpal Singh @ Teji, Pushpinder Kumar @ Sahil have been acquitted and the petitioner was declared proclaimed offender. Learned counsel for the petitioner submits that the petitioner has since been allowed regular bail vide order dated 09.07.2018 and the matter has been settled vide compromise, copy of which has been placed on file as Annexure P-2.

Jitender Kumar 2018.07.25 16:01 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-33367 of 2017 -2Learned State counsel has not disputed compromise (Annexure P-2).

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 17.01.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure or coercion.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR No. 56 dated 20.04.2015 (Annexure P-1) registered at Police Station Sadar Dhuri, District Sangrur along with all consequential proceedings arising therefrom, qua petitioners, is quashed. July 24, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2018.07.25 16:01 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH