Parminder Singh@ Prince @Manju And Others v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-6752 of 2018 (O&M) Date of decision: September 20, 2018 Parminder Singh @ Prince @ Manju and others .. Petitioners

Versus

State of Punjab and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. J.S.Khattar, Advocate for the petitioners.

Mr. Sandeep Kumar, D.A.G., Punjab.

Mr. Sanjeev Kumar, Advocate for Mr. Sandeep Sharma, Advocate for respondent No.2.

SURINDER GUPTA, J.(Oral) CRM-32576-2018 Learned counsel for the petitioners submits that due to mistake four personas namely Balihar Singh@Labha, Jagjit Singh @ Topy, Sharanjit Kaur and Ajay Pal Singh were arrayed in the memo of parties as petitioners but they are not named in the FIR and not aggrieved by the police action. As such, their name be deleted from array of the petitioners. Request allowed. Petition filed by aforesaid four persons is dismissed as withdrawn.

Amended memo of parties is taken on record.

The petitioners have filed this petition under Section 482 Code

-2of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.78 dated 13.04.2017 (Annexure P-1), registered for offences punishable under Sections 324, 506 read with Section 34 of Indian Penal Code (for short 'IPC') at Police Station Sultanwind, Police Commissionerate Amritsar, District Amritsar along with all consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2). As per case of the prosecution, the occurrence took place on 09.04.2017 at about 1:30 p.m. in which, the petitioners caused injuries on the person of complainant/respondent No. 2.

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

Learned 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 18.09.2018 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

-3of 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.78 dated 13.04.2017, registered at Police Station Sultanwind, Police Commissionerate Amritsar, District Amritsar (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

(SURINDER GUPTA) September 20, 2018 JUDGE Jyoti-II Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No