Baljinder Singh & ORS v. State Of Punjab & ORS
CRM No.M-35067 of 2015 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM No.M-35067 of 2015 (O&M) Decided on: 12.01.2017 Baljinder Singh @ Jinder and others ....Petitioners
Versus
State of Punjab and others ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :
Mr. Pankaj Katia, Advocate for the petitioners.
Mr. Mikhail Kad, AAG, Punjab.
None for respondents No.2 to 4.
None for respondent No.5.
REKHA MITTAL, J. (Oral) The petitioners have prayed for quashing of FIR No.55 dated 15.09.2015, for offence under Sections 324, 341, 354, 34 of the Indian Penal Code (in short 'IPC') registered in Police Station S.G.N. Dev Thermal, District Bathinda on the basis of compromise dated 07.10.2015 (Annexure P2) effected between the parties. In the present case, the FIR was registered at the instance of Gurpreet Singh son of Jagtar Singh. Now, dispute between the parties has been resolved by way of compromise (Annexure P2). Vide order dated 03.11.2016, the parties were directed to appear before the trial Court to get their statements recorded with regard to genuineness of compromise.
Pursuant thereto, a report has been submitted by the Judicial Magistrate Ist Class, Bathinda, wherein it has been reported Mohd. Yakub 2017.01.13 14:40 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-35067 of 2015 (O&M) that statements of the parties have been recorded and that they have voluntarily compromised the matter.
Counsel for the State has not disputed that the parties i.e. petitioners and respondents have arrived at a settlement with an intent to give burial to their differences.
Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in "Gian Singh vs State of Punjab and another", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.
In view of what has been discussed hereinabove, the petition is allowed and FIR No.55 dated 15.09.2015, for offence under Sections 324, 341, 354, 34 IPC registered in Police Station S.G.N. Dev Thermal, District Bathinda and proceedings emanating therefrom are ordered to be quashed, qua the petitioners.
12.01.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:
Yes/No Mohd. Yakub 2017.01.13 14:40 I attest to the accuracy and authenticity of this document Chandigarh