High Court of Punjab and HaryanaCRR/594/2015allowed

Jagjit Singh v. State Of Punjab

2016-08-04Mr Justice Rajiv Sharma2 pages

CRR-594-2015 -1- In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 594 of 2015 Date of Decision: 04.8.2016 Jagjit Singh ......Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. A.S.Gagrha, Advocate for the petitioner.

Mr. J.S.Bhullar, AAG, Punjab.

**** ANITA CHAUDHRY, J(ORAL) The petitioner and his co-accused had faced trial in FIR No. 95 dated 18.6.2010, registered under Sections 498-A, 406 IPC, Police Station Sultanwind, Amritsar. Vide judgment/order of conviction and sentence dated 22.7.2013, the petitioner was ordered to be convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/- under Section 498-A IPC and in default of payment of fine to further undergo rigorous imprisonment for 15 days. However, the co-accused of the petitioner were acquitted of the charges. Aggrieved against the order of his conviction and sentence, petitioner preferred an appeal which was dismissed by the Additional Sessions Judge (Adhoc), Fast Track Court, Amritsar vide order dated 20.12.2014. Hence, the present petition by the petitioner. During the pendency of the petition, it is claimed that the Gurpreet Singh Bhatia 2016.08.09 12:12 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRR-594-2015 -2parties have entered into compromise with the intervention of respectable persons. Affidavit (Annexure P-3) and statement of the complainant (Annexure P-4) reiterating the factum of compromise, have already been placed on record.

In the instant case, the parties have put an end to their grievance and have settled the dispute and an attempt has been made to promote peace and harmony amongst themselves. Since the parties have amicably settled their dispute, there is no legal impediment in granting permission to them to compound the offence. In view of the statements and report of the CJM, Amritsar and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed. Consequently, impugned FIR and all other consequent proceedings thereto, qua the petitioner are quashed. The judgment of conviction and sentence passed by the Courts below are set aside.

(ANITA CHAUDHRY) JUDGE August 04, 2016 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh Bhatia 2016.08.09 12:12 I attest to the accuracy and authenticity of this document High Court Chandigarh