Pinki And ORS v. State Of Punjab And ANR

CRM-M-51768-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-51768 of 2018 (O&M) Date of decision: September 18, 2019 Pinki and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. H.S.Deol, Advocate for Ms. Amandeep Kaur, Advocate for the petitioners.

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

Mr. P.B.S Goraya, 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. 208 dated 08.08.2015 (Annexure P-1) along with all consequential proceedings arising therefrom, registered for offences punishable under Sections 323, 326, 452, 148 read with Section 149 of Indian Penal Code (for short 'IPC') at Police Station Sultanwind, District Amritsar on the basis of the compromise (Annexure P-2).

As per case of the prosecution, the occurrence took place on 03.06.2015 in which private respondent was caused injuries by the petitioners.

Learned counsel for the petitioners submits that the matter has since been amicably settled vide compromise, copy of which has been placed on file as Annexure P- 2.

JYOTI 2019.09.19 10:53 I attest to the accuracy and integrity of this document

CRM-M-51768-2018 -2Learned 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-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 06.08.2019 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. 208 dated 08.08.2015 registered at Police Station Sultanwind, District Amritsar City (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed. September 18, 2019 (SURINDER GUPTA) Jyoti-II JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JYOTI 2019.09.19 10:53 I attest to the accuracy and integrity of this document