Kuldip Kumar & ORS v. State Of Punjab And ANR

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

Criminal Misc. No.M-38810 of 2017 .....

Date of decision:20.12.2017 Kuldeep Kumar and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Harvinder Kumar Brinda, Advocate for the petitioners. Ms. Simranjeet Kaur, Assistant Advocate General, Punjab for the respondent-State.

Mr. Davinder Kumar, Advocate for Mr. Manoj Pundhir, Advocate for complainant-respondents No.2 to 4. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.0088 dated 12.9.2017 (Annexure-P.1) registered for the offences under Sections 323, 325, 148 and 149 IPC at Police Station Anandpur Sahib, District Rupnagar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantUsha Rani on the allegations that the accused-petitioners attacked him and respondents No.3 and 4 and inflicted injuries. 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

Cr. Misc. No.M-38810 of 2017 [2] 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 Sub Divisional Judicial Magistrate, Sri Anandpur Sahib has sent report dated 15.12.2017 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 Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the complainantrespondents No.2 to 4 admit the factum of compromise and submit 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 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, this

Cr. Misc. No.M-38810 of 2017 [3] petition is allowed and FIR No.0088 dated 12.9.2017 (Annexure-P.1) registered for the offences under Sections 323, 325, 148 and 149 IPC at Police Station Anandpur Sahib, District Rupnagar 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