Jitender And ANR v. State Of Ut Chd And ORS

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

Criminal Misc. No.M-40001 of 2018 .....

Date of decision:6.12.2018 Jatinder Singh and another .....Petitioners v.

Union Territory, Chandigarh and others .....Respondents ....

Coram:

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

Present:

Mr. Anandeshwar Gautam, Advocate for the petitioners. Mr. Lalit K. Gupta, Additional Public Prosecutor, U.T., Chandigarh.

Mr. Narinder Lubana, Advocate 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.148 dated 17.7.2018 (Annexure-P.1) registered for the offences under Sections 147, 149, 323, 452, 506 and 34 IPC at Police Station Sector 3, Chandigarh and all subsequent proceedings arising therefrom in view of the compromise deeds (Annexures-P.2 and P.3). The FIR has been registered on the statement of complainantMohan Kumar on the allegations that the accused-petitioners attacked him and respondent No.3 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-40001 of 2018 [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 Judicial Magistrate Ist Class, Chandigarh has sent report dated 16.10.2018 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 Additional Public Prosecutor, on instructions from the Investigating Officer and learned counsel for the complainant-respondents No.2 and 3 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-40001 of 2018 [3] petition is allowed and FIR No.148 dated 17.7.2018 (Annexure-P.1) registered for the offences under Sections 147, 149, 323, 452, 506 and 34 IPC at Police Station Sector 3, Chandigarh and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. December 6, 2018.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No