Lal Singh v. State Of Punjab And Another

CRM-M-22730-2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-22730 of 2019 (O&M) Date of decision: September 17, 2019 Lal Singh .. Petitioner

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Harkirat Sandhu, Advocate for the petitioner.

Mr. Amitoj Singh Dhaliwal, D.A.G., Punjab.

Mr. J.S. Bhandohal, Advocate for the complainant.

SURINDER GUPTA, J.(Oral) The petitioner has filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.71 dated 25.07.2016 (Annexure P-1) along with all consequential proceedings arising therefrom, registered for offences punishable under Sections 341, 323, 427, 506, 201 of Indian Penal Code (for short 'IPC') at Police Station Bhadson, District Patiala on the basis of the compromise (Annexure P-2). Reply by way of affidavit of Varinderjeet Singh, Deputy Superintendent of Police, Circle Nabha, District Patiala filed by learned State counsel today in the Court is taken on record. As per case of the prosecution, the occurrence took place on 25.07.2016 when respondent No. 2 was caused injuries by the petitioner over a dispute of the land.

Learned counsel for the petitioner submits that the matter has since been amicably settled vide compromise, copy of which has been JYOTI 2019.09.19 10:41 I attest to the accuracy and integrity of this document

CRM-M-22730-2019 -2placed on file as Annexure P-2.

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

Learned State counsel has also not disputed compromise (Annexure P-2).

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 15.07.2019 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 FIR No.71 dated 25.07.2016 registered at Police Station Bhadson, District Patiala (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioner, is quashed. September 17, 2019 (SURINDER GUPTA) Jyoti-II JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JYOTI 2019.09.19 10:41 I attest to the accuracy and integrity of this document