Parvati Devi & ORS v. State Of Punjab And ANR

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

Criminal Misc. No.M-42527 of 2016 .....

Date of decision:21.2.2017 Parvati Devi and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Deshpreet Singh, Advocate for the petitioners. Mr. Rajpreet S. Sidhu, Assistant Advocate General, Punjab for the respondent-State.

Mr. Raman Mohinder Sharma, Advocate for complainantrespondent No.2. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of Report No.29 dated 11.11.2011 registered under Sections 323, 148 and 149 IPC and (Section 325 IPC, which was added alter on) at Police Station Sadar Abohar, District Ferozepur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The Report No.29 has been registered on the statement of complainant-Dharampal on the allegations that the accused-petitioners attacked him 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-42527 of 2016 [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, Abohar has sent his report dated 8.12.2016 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 complainantrespondent No.2 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 report 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 Assistant Advocate General, Punjab 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-42527 of 2016 [3] petition is allowed and Report No.29 dated 11.11.2011 registered under Sections 323, 148 and 149 IPC and (Section 325 IPC, which was added alter on) at Police Station Sadar Abohar, District Ferozepur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. February 21, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No