Charanjeet Singh Nambardar And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No.235 DATE OF DECISION: 27.10.2021 Charanjeet Singh Nambardar and others ..........Petitioners

Versus

State of Punjab and another ..........Respondents (Heard through Video-Conferencing) CORAM:- HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Amritpal Singh Gill, Advocate for the petitioners.

Mr. Sukhbeer Singh, A.A.G, Punjab for respondent No.1-State.

Mr. Daljeet Singh Virk, Advocate for respondent No.2.

**** MEENAKSHI I. MEHTA, J. (ORAL) 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.46 dated 12.05.2016 registered at Police Station Singh Bhagwantpur, District Ropar (Roopnagar), under Sections 323, 324, 506, 34 IPC as well as all the consequential proceedings arising therefrom, 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 in the subject FIR, are that on 09.05.2016, while respondent No.2-complainant

-2was on his way to his home from Village Chakla, the petitioners intercepted him and caused injuries to him.

Vide the order dated 23.07.2021 passed by this Court, the parties had been directed to appear before the Illaqa Magistrate/trial Court on 03.09.2021 for recording their statements in respect of the compromise/settlement. In pursuance of this order, learned Judicial Magistrate Ist Class, Rupnagar, recorded their (parties') statements and has submitted his report (which has already been placed on the file) mentioning therein that the compromise appears to be genuine and to have been arrived at between the parties voluntarily and out of their free will and that as per the statement of the Investigating Officer, three persons, i.e the present petitioners, were arraigned as accused and Harpreet Singh @ Happy, i.e respondent No.

2, is the complainant/injured/aggrieved person in the subject FIR and none of the petitioners has been declared proclaimed offender and they are not involved in any other case. The statements of both the parties and the Investigating Officer, have also been annexed with the said report and a perusal thereof reveals that the petitioners and respondent No.2complainant have categorically stated therein that the said compromise is genuine and has been entered into by them voluntarily, without any threat, undue influence or coercion.

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

-3between 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 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.46 dated 12.05.2016 registered at Police Station Singh Bhagwantpur, District Ropar (Roopnagar), under Sections 323, 324, 506, 34 IPC as well as all the consequential proceedings arising therefrom (if any) are hereby quashed.

The petition in hand stands allowed accordingly. October 27, 2021 (MEENAKSHI I. MEHTA) Seema JUDGE Whether speaking/reasoned:

Yes Whether reportable:

No