Jagveer Singh And Others v. State Of Punjab And Another

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

Criminal Misc. No.M-44759 of 2018 .....

Date of decision:26.02.2019 Jagveer Singh and others .....Petitioners v.

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

Coram:

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

Present:

Mr. R.S. Sekhon, Advocate for the petitioners. Ms. Monika Jalota, Deputy Advocate General, Punjab for the respondent-State.

Mr. Amandeep Saini, Advocate for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.83 dated 30.5.2018 (Annexure-P.1) registered for the offences under Section 365 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station City Muktsar, District Sri Muktsar Sahib and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantLovepreet Singh on the allegations that the accused-petitioners attacked him and kidnapped him. They also thrown the locket which is symbol of his Guru. They took `3,000/- from his purse and also threatened to kill him. Now with the intervention of respectable persons, the matter has been

Cr. Misc. No.M-44759 of 2018 [2] 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 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 Chief Judicial Magistrate, Sri Muktsar Sahib has sent report dated 27.11.2018 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 Deputy 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 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

Cr. Misc. No.M-44759 of 2018 [3] 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 FIR No.83 dated 30.5.2018 (Annexure-P.1) registered for the offences under Section 365 IPC and Section 3 of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station City Muktsar, District Sri Muktsar Sahib and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.

February 26, 2019.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No