Sanmeet Singh @ Sunmeet Singh & ANR v. State Of Punjab & ANR

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-9943 of 2017 .....

Date of decision:26.5.2017 Sanmeet Singh alias Sunmeet Singh and another .....Petitioners v.

State of Punjab and another .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Sunil Chadha, Senior Advocate with Ms. Arti Kaur, Advocate for the petitioners.

Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State.

Mr. Arjunveer Sharma, Advocate for Mr. Kushagra Mahajan, Advocate for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.200 dated 12.9.2016 (Annexure-P.1) registered for the offences under Sections 419, 420, 466, 467, 468, 471 and 120-B IPC at Police Station Cantonment Amritsar, District Amritsar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantPromila Gupta on the allegations that the accused-petitioners by hatching conspiracy have cheated her. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been entered into between the parties, therefore, they were directed to appear

Cr. Misc. No.M-9943 of 2017 [2] before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Amritsar has sent report dated 21.4.2017 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainantrespondent No.2 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.200 dated 12.9.2016 (Annexure-P.1)

Cr. Misc. No.M-9943 of 2017 [3] registered for the offences under Sections 419, 420, 466, 467, 468, 471 and 120-B IPC at Police Station Cantonment Amritsar, District Amritsar and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.

May 26, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No