Amrik Singh v. State Of Punjab And ANR.

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

Criminal Misc. No.M-44808 of 2017 .....

Date of decision:21.12.2017 Amrik Singh .....Petitioner v.

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

Coram:

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

Present:

Mr. Kartik Gupta, Advocate for the petitioner. Ms. Simranjeet Kaur, Assistant Advocate General, Punjab for the respondent-State.

None 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.132 dated 21.10.2017 (Annexure-P.1) registered for the offences under Sections 279, 337 and 427 IPC at Police Station Chabbewal, District Hoshiarpur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantOm Parkash on the allegations that the accused-petitioner, who was driving his Scorpio vehicle in negligent manner, struck against his motorcycle and as a result the complainant as well as his niece fell down and received injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved

Cr. Misc. No.M-44808 of 2017 [2] 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 Judicial Magistrate Ist Class, Hoshiarpur has sent report dated 14.12.2017 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 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 petitioner 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 amicably settled and in view of the law laid by the Hon'ble Supreme Court

Cr. Misc. No.M-44808 of 2017 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.132 dated 21.10.2017 (Annexure-P.1) registered for the offences under Sections 279, 337 and 427 IPC at Police Station Chabbewal, District Hoshiarpur and all subsequent proceedings arising out of the same are hereby quashed qua the petitioner. December 21, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No