← Library
High Court of Punjab and HaryanaCRM-M/37457/2017allowed

Amarjit Singh & ORS v. State Of Punjab And Others

2017-11-17Mr. Justice Harinder Singh Sidhu3 pages

In the High Court of Punjab and Haryana at Chandigarh ......

(1) Criminal Misc. No.M-37457 of 2017 .....

Date of decision:17.11.2017 Amarjit Singh and others .....Petitioners v.

State of Punjab and others .....Respondents ....

(2) Criminal Misc. No.M-36780 of 2017 .....

Amandeep Singh and others .....Petitioners v.

State of Punjab and another .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Harchand Singh Batth, Advocate for the petitioners in Cr. Misc. No.M-37457 of 2017 and for respondent No.2 in Cr. Misc. No.M-36780 of 2017.

Mr. Saurav Ranojia, Advocate for Mr. Sandeep S. Majithia, Advocate for the petitioners in Cr. Misc. No.M-36780 of 2017 and for respondents No.2 and 3 in Cr. Misc. No.M-37457 of 2017.

Ms. Simranjeet Kaur, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

This order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M-37457 of 2017 filed under Section 482 Cr.P.C. for quashing of FIR No.143 dated 26.12.2016 registered for the offences under Sections 326, 323, 324, 341, 148 and 149

Cr. Misc. Nos.M-37457 of 2017 etc.

[2] IPC at Police Station Lopoke, District Amritsar Rural and Criminal Misc. No.M-36780 of 2017 filed for quashing of FIR No.160 dated 21.12.2016 registered for the offences under Sections 326, 323 and 34 IPC and (Section 452 IPC, which was added later on vide DDR dated 28.12.2016) at Police Station Bhikhiwind, District Tarn Taran and all other subsequent proceedings arising therefrom on the basis of compromise. The FIRs were got registered against each other by the petitioners of both the petitions as dispute arose as a result of fight between the parties in which injuries were received by both the parties. This is a case of version and cross-version. Now with the intervention of respectable persons, both the parties have arrived at an amicable settlement and have effected a compromise.

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, Ajnala (in Cr. Misc. No.M-37457 of 2017) has sent report dated 27.10.2017 and learned Sub Divisional Judicial Magistrate, Patti (in Cr. Misc. No.M-36780 of 2017) has sent report dated 8.11.2017 in both the cases submitting that the compromises arrived at between the parties are without any pressure or coercion from any one and the same is genuine. Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officers and learned counsel for complainants admit the factum of compromise and submit that in case the parties have indeed

Cr. Misc. Nos.M-37457 of 2017 etc.

[3] settled their dispute, the State would have no objection to the quashing of the FIRs in view of the law laid down by the Hon'ble Supreme Court. I have heard learned counsel for the parties 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 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, these petitions are allowed and FIR No.143 dated 26.12.2016 registered for the offences under Sections 326, 323, 324, 341, 148 and 149 IPC at Police Station Lopoke, District Amritsar Rural and FIR No.160 dated 21.12.2016 registered for the offences under Sections 326, 323 and 34 IPC and (Section 452 IPC, which was added later on vide DDR dated 28.12.2016) at Police Station Bhikhiwind, District Tarn Taran and all other subsequent proceedings arising out of the same are hereby quashed qua the petitioners. November 17, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No