Poonam And ORS v. State Of Punjab & ANR

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

Criminal Misc. No.M-42365 of 2015 .....

Date of decision:22.3.2016 Poonam and others .....Petitioners v.

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

Coram:

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

Present:

Ms. Lovdeep Kaur, Advocate for Mr. Brijeshwar Singh, Advocate for the petitioners.

Mr. Varun Sharma, Assistant Advocate General, Punjab for the respondent-State.

None for the complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.82 dated 7.8.2013 (Annexure-P.1) registered for the offences under Sections 419, 420, 467, 468, 471, 506 and 120-B IPC at Police Station `B' Division, Amritsar, District Amritsar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantRohit Sethi on the allegations that the accused-petitioners along with their accomplices by hatching conspiracy have cheated him. Now with the intervention of respectable persons, the matter has been amicably settled

Cr. Misc. No.M-42365 of 2015 [2] and compromise has been entered into between the parties, therefore, 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 his report dated 16.3.2016 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 admits the factum of compromise and submits 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 petitioners 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-42365 of 2015 [3] petition is allowed and FIR No.82 dated 7.8.2013 (Annexure-P.1) registered for the offences under Sections 419, 420, 467, 468, 471, 506 and 120-B IPC at Police Station `B' Division, Amritsar, District Amritsar and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners only.

March 22, 2016.

(Inderjit Singh) Judge *hsp*