Kuldeep Singh And ORS v. State Of Punjab And ORS

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

Criminal Misc. No.M-41796 of 2015 .....

Date of decision:11.1.2016 Kuldeep Singh and others .....Petitioners v.

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

Present:

Mr. Gurjinder Singh Thind, Advocate for the petitioners. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

Mr. Sarbjit Singh, Advocate for respondents No.2 and 3. ....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of cross-case (Annexure-P.1) registered for the offences under Sections 452, 323, 324, 148 and 149 IPC at Police Station Jandiala, Amritsar (Annexure-P.1) in FIR No.89 dated 18.5.2010 and all subsequent proceedings arising therefrom in view of the compromise/affidavits (Annexures-P.3 to P.5).

The cross-case has been registered in FIR No.89 dated 18.5.2010 on the statement of complainant-Rulda (respondent No.2) on the allegations that the accused-petitioners attacked him and his brother and inflicted injuries. FIR has been registered on the statement of the petitioners/accused against the respondents, which has been quashed on the basis of compromise. Now with intervention of respectable persons, the matter has been amicably compromised between the parties and they have

Cr. Misc. No.M-41796 of 2015 [2] resolved their disputes and differences.

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, Amritsar has sent her report dated 5.1.2016 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 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 cross-case in FIR in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for respondents No.2 and 3 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.

Cr. Misc. No.M-41796 of 2015 [3] 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 petition is allowed and cross-case (Annexure-P.1) registered for the offences under Sections 452, 323, 324, 148 and 149 IPC at Police Station Jandiala, Amritsar in FIR No.89 dated 18.5.2010 and all subsequent proceedings arising out of the same are hereby quashed.

January 11, 2016.

(Inderjit Singh) Judge *hsp*