Gurbinder Singh & ORS v. State Of Punjab & ORS

CRM-M-34503 of 2014 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-34503 of 2014 Date of Decision: March 13, 2015 Gurbinder Singh & others ....Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr. A.S.Gagrha, Advocate for the petitioners.

Ms.Rajni Gupta, Addl.A.G.,Punjab.

Mr.D.K.Gupta, Advocate for respondent No.2.

Rajan Gupta, J (Oral) This is a petition under Section 482 Cr.P.C seeking quashing of FIR No.130 dated 20.9.2014 registered under Sections 380/447/448/506/511 IPC at Police Station, B-Division, Amritsar city and all the subsequent proceedings arising therefrom 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 FIR 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 a compromise is arrived at between the parties the State would not stand in the way of

CRM-M-34503 of 2014 2 quashing of F.I.R.

Heard.

It appears that vide order dated 13.1.2015, trial court was directed to record the statements of the parties and intimate about the validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof is as under:- "Statement of complainant Paramjeet Singh S/o Manjeet Singh on identification of his counsel, Vandana Sharma W/o Gurbinder Singh, Gurbinder Singh S/o Diwan Singh, Bhaskar Kumar S/o Dinesh Kumar and Shray Kumar S/o Dinesh Kumar accused on identification of their counsel were recorded. Complainant stated that he has compromised with all the accused without any pressure, threat or influence and also the accused Vandana Sharma W/o Gurbinder Singh, Gurbinder Singh S/o Diwan Singh, Bhaskar Kumar S/o Dinesh Kumar and Shray Kumar S/o Dinesh Kumar stated that they have compromised with the complainant without any pressure threat or influence.

As per the report from concerned police station, no PO proceedings are pending against any of the accused."

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 FIR 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 F.I.R in question and the subsequent proceedings arising therefrom are quashed. (Rajan Gupta) Judge March 13, 2015 BB