Jaswinder Singh Sarpanch And Others v. State Of Punjab & ORS
In the High Court of Punjab and Haryana at Chandigarh ......
Criminal Misc. No.M-35462 of 2017 .....
Date of decision:20.12.2017 Jaswinder Singh Sarpanch and others .....Petitioners v.
State of Punjab and others .....Respondents ....
Coram:
Hon'ble Mr. Justice Inderjit Singh .....
Present:
Mr. J.S. Sandhu, Advocate for Mr. L.S. Sidhu, Advocate for the petitioners.
Mr. K.S. Aulakh, Deputy Advocate General, Punjab for the respondent-State.
None for complainant-respondents No.2 and 3.
.....
Inderjit Singh, J.
This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.5 dated 8.1.2017 (Annexure-P.1) registered for the offences under Sections 447, 511, 427, 148, 149 and 120-B IPC at Police Station Dharamkot, District Moga and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantParamjit Singh on the allegations that the accused-petitioners, by hatching conspiracy, on four tractors were cultivating his sown wheat crop and 10-12 unknown persons and Gurvir Singh armed with deadly weapons were standing on pucca passage. Due to number of persons and fear of quarrel, they came to the Police Station for giving information. The accused persons
Cr. Misc. No.M-35462 of 2017 [2] cultivated his sown wheat crop in connivance with Gurmeet Singh Inspector son of Diwan Singh and destroyed his wheat crop and tried to get illegal possession of his land. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Moga has sent report dated 16.12.2017 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.
Learned Deputy Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State 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 petitioners as well as learned State counsel and have gone through the record. In a decision, based on compromise, none of the parties is a loser. Rather, 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
Cr. Misc. No.M-35462 of 2017 [3] prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.
Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.5 dated 8.1.2017 (Annexure-P.1) registered for the offences under Sections 447, 511, 427, 148, 149 and 120-B IPC at Police Station Dharamkot, District Moga and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. December 20, 2017.
(Inderjit Singh) Judge *hsp* NOTE:
Whether speaking/reasoned:
Yes Whether reportable:
No