Harinder Singh And ORS v. State Of Punjab And ORS
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of Decision:- 12.08.2024 HARINDER SINGH AND ORS ....Petitioner(s)
Versus
STATE OF PUNJAB AND OTHERS
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mr. Nitin Mittoo, Advocate (appearing through VC) for Mr. S.S. Thakur, Advocate for the petitioners.
Mr. Japjot Singh, AAG Punjab.
Mr. Anshul Sharma, Advocate for respondent Nos.2 to 4.
***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 20.03.2023 and 17.05.2024 (Annexures P-4 and P-5) executed between the parties. Details of the FIR are as follows: FIR No.
Dated Sections Police Station 10.05.2020 323, 324, 148, 149, 506 IPC;
(325, 326, 188, 269, 270 IPC and 51 Disaster Manager Act added later on) Chabbewal, District Hoshiarpur
-22.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 20.03.2023 and 17.05.2024 (Annexures P-4 and P-5), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The learned
vide report dated 08.08.2024 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.20,000/- in compliance to the order dated 24.07.2024.
3.
Respondent Nos. 2 to 4 are represented by their counsel and do not oppose the compromise.
4.
In view of the aforesaid report of the learned
, Hoshiarpur and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.
5.
In the circumstances, the present petition is allowed. FIR No.52 dated 10.05.2020, under Sections 323, 324, 148, 149, 506 IPC; (325, 326, 188, 269, 270 IPC and 51 Disaster Manager Act added later on) registered at Police Station Chabbewal, District Hoshiarpur (Annexure P-1) and all
-3consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners. (SANJIV BERRY) JUDGE 12.08.2024 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No