Fateh Mashi And ANR v. State Of Punjab And ANR.

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

Criminal Misc. No.M-5102 of 2017 .....

Date of decision:27.4.2017 Fateh Masih and another .....Petitioners v.

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

Coram:

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

Present:

Mr. Jitender Bansal, Advocate for the petitioners. Mr. S.S. Walia, Deputy Advocate General, Punjab for the respondent-State.

Ms. Raminder Pratap Kaur, Advocate for complainantrespondent No.2. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.140 dated 29.12.2014 (Annexure-P.1) registered for the offences under Sections 324 and 34 IPC and (Section 326 IPC, which was added later on vide Rapat No.13 dated 16.1.2015) at Police Station Ramdas, District Amritsar (R) and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantBaljit Singh on the allegations that the accused-petitioners attacked him and inflicted injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have

Cr. Misc. No.M-5102 of 2017 [2] resolved 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, has sent her report dated 11.4.2017 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 and learned counsel for the complainantrespondent No.2 admit the factum of compromise and submit 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 parties as well as learned Assistant Advocate General, Punjab 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-5102 of 2017 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.140 dated 29.12.2014 (Annexure-P.1) registered for the offences under Sections 324 and 34 IPC and (Section 326 IPC, which was added later on vide Rapat No.13 dated 16.1.2015) at Police Station Ramdas, District Amritsar (R) and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. April 27, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No