Shingara Singh And ORS. v. State Of Punjab And ANR.

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

Criminal Misc. No.M-44189 of 2015 .....

Date of decision:14.3.2016 Shingara Singh and others .....Petitioners v.

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

Coram:

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

Present:

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

Mr. Abhimanyu Vinayak, 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.320 dated 12.12.2015 (Annexure-P.1) registered for the offences under Sections 365, 379, 452, 148, 149 and 427 IPC at Police Station Nakodar, District Jalandhar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantMohammad Ilyas on the allegations that the accused-petitioners attacked him and inflicted injuries to him and damaged his goods lying in his shop. They also took out `43,000/- from the box of his shop and threw the religious books which were lying in his shop. Now with the intervention of

Cr. Misc. No.M-44189 of 2015 [2] 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 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 Sub Divisional Judicial Magistrate, Nakodar, has sent his 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 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 petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No.2 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

Cr. Misc. No.M-44189 of 2015 [3] 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 petition is allowed and FIR No.320 dated 12.12.2015 (Annexure-P.1) registered for the offences under Sections 365, 379, 452, 148, 149 and 427 IPC at Police Station Nakodar, District Jalandhar and all subsequent proceedings arising out of the same are hereby quashed. March 14, 2016.

(Inderjit Singh) Judge *hsp*