Jagdish @ Guddu And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 25.10.2018 JAGDISH @ GUDDU AND OTHERS ...PETITIONERS..

Versus

STATE OF PUNJAB AND ANOTHER ...RESPONDENTS..

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Gagan Bajaj, Advocate, for the petitioners.

Mr. R.S. Khaira, AAG, Punjab.

**** JAISHREE THAKUR, J. (ORAL) Mr. Sahil Gambhir, Advocate has appeared and filed power of attorney on behalf of respondent No.2. The same is taken on record. This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.63 dated 22.03.2018, registered under Sections 452, 354-B, 323, 324, 148 and 149 of the Indian Penal Code, at Police Station Chamkor Sahib, District Rupnagar (Annexure P-1) and all subsequent proceedings arising therefrom in view of the compromise entered into between the parties (Annexure P-2). The aforesaid FIR was registered on the statement of respondent No. 2/complainant under the said sections. However, now with the intervention of respectable persons, the dispute has been amicably

settled between the parties and they have entered into a compromise. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the trial Court/Illaqa Magistrate for getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from the Judicial Magistrate Ist Class, Rupnagar, stating that the compromise is genuine and is without any pressure or coercion and volunteer. Mr. R.S. Khaira, learned AAG, Punjab, on instructions from the Investigating Officer, and learned counsel for respondent No. 2 admit to the factum of compromise and submit that in case the parties have indeed settled their dispute, they 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 rival parties and gone through the record.

In a decision, based on compromise, none of the parties is a loser. Rather, a 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.

Consequently, keeping in view the fact that the dispute has been amicably settled and in view of the law laid down by the Hon'ble Supreme Court in Narinder Singh & others vs. State of Punjab & another, (2014) 6 SCC 466, this petition is allowed and FIR No.63 dated 22.03.2018,

registered under Sections 452, 354-B, 323, 324, 148 and 149 of the Indian Penal Code, at Police Station Chamkor Sahib, District Rupnagar (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua the petitioners.

The petition stands disposed of.

25.10.2018 (JAISHREE THAKUR) sonika JUDGE Whether speaking/reasoned Yes/No Whether reportable No/No