Amarinder Singh @ Bunny & Another v. State Of Punjab And Another

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH Date of decision: 06.12.2016 Amarinder Singh @ Bunny & Anr.

...Petitioners

Versus

State of Punjab & Anr.

...Respondents

*****

CORAM:

HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Brijesh K. Sharma, Advocate, for the petitioners.

Mr. Mikhail Kad, AAG, Punjab for the respondent-State.

***** JAISHREE THAKUR, J.

(Oral) This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 171 dated 05.09.2016 (Annexure P-1), under Sections 323, 354, 452, 34 of the Indian Penal Code, registered at Police Station City Kharar, District Mohali and all subsequent proceedings arising therefrom in view of the compromise (Annexure P-2) entered into between the parties. The FIR has been registered on the statement of complainantAmanpreet Kaur, respondent No. 2 hererin. 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 the trial Court for getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from Sub Divisional Judicial

-2Magistrate, Kharar, stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same appears to be genuine one. It is also reported that no P.O. proceeding is pending against either of the parties.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the complainantrespondent No. 2 admit 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 Gian Singh Versus State of Punjab and another, 2012

(4) RCR (Cr.) 543, this petition is allowed and FIR No. 171 dated 05.09.2016 (Annexure P-1), under Sections 323, 354, 452, 34 of the Indian Penal Code, registered at Police Station City Kharar, District Mohali and all

-3subsequent proceedings arising out of the same are quashed. The petition stands disposed of.

06.12.2016 (JAISHREE THAKUR) sp JUDGE Whether speaking/reasoned Yes Whether reportable No