Sajan Salaria And Others v. State Of Punjab And ANR

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

Criminal Misc. No.M-45270 of 2016 .....

Date of decision:3.3.2017 Sajan Salaria and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Sahil Kaushal, Advocate for the petitioners. Mr. J.S. Bhullar, Assistant Advocate General, Punjab for the respondent-State.

Mr. Pankaj Chauhan, Advocate for complainant-respondents No.2 to 5.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.149 dated 30.9.2016 (Annexure-P.1) registered for the offences under Sections 323, 295-A, 427, 148, 149, 506 and 379-B IPC at Police Station Division No.6, District Ludhiana and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantPrabhjot Singh on the allegations that the accused-petitioners along with 15/20 other persons attacked him and inflicted injuries. They took off his turban and pulled his hair and pushed him down from motorcycle and gave severe beating. When he was laid down, they snatched his golden chain

Cr. Misc. No.M-45270 of 2016 [2] wearing in his neck and when his friends tried to rescue him, then Pranab Dhawan and other inflicted injuries to his friends with their respective weapons. 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 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, Ludhiana has sent his report dated 27.2.2017 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 complainantrespondents No.2 to 5 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 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

Cr. Misc. No.M-45270 of 2016 [3] 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 petition is allowed and FIR No.149 dated 30.9.2016 (Annexure-P.1) registered for the offences under Sections 323, 295-A, 427, 148, 149, 506 and 379-B IPC at Police Station Division No.6, District Ludhiana and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.

March 3, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No