Sukhpal Singh v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 02.09.2020 Sukhpal Singh ......Petitioner versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. B.S. Sidhu, Advocate for the petitioner **** RITU BAHRI , J. (Oral) Quashing of FIR No. 167 dated 15.07.2020 under Sections 451/323/506 IPC, registered at Police Station Kotbhai, District Sri Muktsar Sahib, is being sought on the basis of compromise deed dated 18.08.2020 (Annexure P-2).

Notice of motion.

On asking of the Court, Mr. Hittan Nehra, Addl.A.G, Punjab and Mr. Satbir Singh, Advocate accepts notice on behalf of the respondentState and respondent No. 2 respectively. On 08.07.2020, F.I.R under Section 306 IPC was registered against Angrej Singh @ Gora and his other three family members and the accused in the F.I.R were not arrested. The petitioner came to the house of respondent No. 2 and said to him that in the above F.I.R, the father of respondent No. 2 is trying to save the accused. The petitioner then gave two slaps to respondent No. 2. On raising noise by the mother of respondent

No. 2, the petitioner fled away from the spot. In this background, F.I.R was registered against the petitioner.

However, with the intervention of respectables, the matter has now been duly compromised, on the basis of compromise deed dated 18.08.2020 (Annexure P-2). Photocopy of Aadhar card of respondent No. 2 is attached with the petition as Annexure P-3. Learned counsel appearing for respondent No. 2 has admitted the factum of compromise and submitted that respondent No. 2 has no objection if the F.I.R be quashed against the petitioners. Learned State counsel on instructions from SI Ram Singh has informed the Court that there is no cross case, no P.O proceedings are pending and no challan has been presented till date. Keeping in view prevailing COVID-19 situation and the fact that the compromise has been effected between the parties vide compromise deed dated 18.08.2020 (Annexure P-2), whereby they have decided to get the F.I.

R quashed, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of F.I.R in the interest of justice. Consequently, in view of the judgment of the Hon'ble Supreme Court in cases of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No. 167 dated 15.07.

Sahib is quashed along with all consequential proceedings arising therefrom qua petitioner.

The petition stands disposed of.

02.09.2020 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No