Gurpreet Singh Sidhu And Others v. State Of Punjab And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 18th November, 2021.

Gurpreet Singh Sidhu & Others

...Petitioners

Versus

State of Punjab & Another

...Respondents

CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Manpreet Singh, Advocate, for the petitioners.

Ms. Samina Dhir, DAG, Punjab, for respondent No.1-State.

Mr. Jaspreet Singh Brar, Advocate, for respondent No.2-complainant.

* * * * MEENAKSHI I. MEHTA, J.

By way of the instant petition, the petitioners have invoked the jurisdiction of this Court under Section 482 Cr.P.C for seeking the quashing of the FIR bearing No.111 dated 29.06.2020 registered at Police Station City South, District Moga, under Sections 452, 323 read with Section 34 IPC while averring that the parties have arrived at a compromise (Annexure P-2) qua their dispute culminating in the registration of the said FIR. Bereft of unnecessary details, the allegations, as levelled by respondent No.2-complainant in the subject FIR, are that petitioner No.1Gurpreet Singh Sidhu had been nurturing a grudge against him due to a fight that took place between them in the past and due to this reason, the petitioners caused injuries to him.

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Vide the order dated 22.07.2021 passed by this Court, the parties had been directed to appear before the Illaqa Magistrate/trial Court on 20.08.2021 for recording their statements in respect of the compromise/settlement. In compliance of this order, learned Judicial Magistrate Ist Class, Moga, recorded their (parties') statements and has submitted her report (which has already been placed on the file) mentioning therein that there are three accused, i.e the petitioners, in this case and the compromise effected between the parties appears to be genuine and that as per the statement of the Investigating Officer named ASI Harjinder Singh, none of the accused, i.e the petitioners, has been declared a proclaimed offender and no other criminal case is pending against them and there is one injured, i.e the complainant, in this case.

The statements of both the parties and of the above-named Investigating Officer, have also been annexed with the said report and a perusal thereof reveals that the petitioners and respondent No.2-complainant have categorically stated therein that they have entered into the said compromise out of their free will and without any fear or undue influence.

I have heard learned counsel for the petitioners as well as learned State counsel and learned counsel for respondent No.2, in the instant petition and have also perused the file thoroughly. The said compromise has been effected to put the dispute between the parties at rest for all the times to come and the same would promote peaceful, harmonious and cordial relations between them. It being so, there are bleak chances of the conviction of the petitioners and in these

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circumstances, the continuation of the proceedings in the case arising out of the said FIR would be an exercise in futility. Keeping in view the above-discussed facts and circumstances as well as the observations as made by the Apex Court in Gian Singh vs. State of Punjab and another (2012) 4 RCR (Criminal) 543, the FIR bearing No.111 dated 29.06.2020 registered at Police Station City South, District Moga, under Sections 452, 323 read with Section 34 IPC is hereby quashed. The petition in hand stands allowed accordingly. (MEENAKSHI I. MEHTA) JUDGE 18.11.2021.

seema Whether speaking/reasoned?

Yes Whether Reportable?

No