Paramjit Singh And ORS v. State Of Punjab & ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-46444 of 2017 (O&M) Date of decision: July 12, 2018 Paramjit Singh and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Kanwal Goyal, Advocate for the petitioners.

Ms. Monika Jalota, D.A.G. Punjab.

Mr. Aman Mittal, Advocate for respondent No.2.

SURINDER GUPTA, J.(Oral) The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.279 dated 17.09.2017 (Annexure P-1), registered for offence punishable under Section 295-A Indian Penal Code (for short 'IPC') at Police Station Division A, Amritsar, along with all consequential proceedings arising therefrom, on the basis of the compromise and affidavit (Annexure P-2, Colly). As per case of the prosecution, respondent No.2 along with other members of Gurudwara Committee were counting cash from the Gullak (safe), when the petitioners came there and petitioner No.1 started recording video on his mobile phone by terming the complainant and other

-2persons as thieves. When he was asked to stop recording, he pulled beard of respondent No.2, for which the matter was reported to the police. Learned counsel for the petitioners submits that the matter has since been settled vide compromise, copy of which has been placed on file as Annexure P-2.

Learned counsel for respondent No.2-complainant endorses the submission of learned counsel for the petitioners and has no objection if the impugned FIR (Annexure P-1) is quashed.

Learned State counsel has also not disputed compromise (Annexure P-).

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 11.06.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any pressure or influence.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR No.279 dated 17.09.2017 (Annexure P-1), registered for offence punishable under Section 295-A IPC at Police Station

-3Division A, Amritsar along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

(SURINDER GUPTA) July 12, 2018 JUDGE Sachin M.

Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No