Giddha Singh @ Gurdeep Singh And ORS v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.232 Date of Decision: 23.11.2021 Giddha Singh @ Gurdeep Singh and others

...Petitioners

Versus

State of Punjab and another

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. K.B.S. Mann, Advocate, for the petitioners.

Ms. Samina Dhir, Deputy Advocate General, Punjab for respondent No.1-State.

Ms. Kuljinderbir Kaur, Advocate for respondent No.2.

* * * * MEENAKSHI I. MEHTA, J.

By way of the instant petition, the petitioners have invoked the jurisdiction of this Court under Section 482 Cr.P.C for seeking the quashing of the FIR bearing No.18 dated 29.01.2020 registered at Police Station Kotbhai, District Sri Muktsar Sahib, under Sections 323, 148, 149 IPC (wherein the offence under Section 452 IPC is stated to have been added later-on), while averring that the parties have arrived at a compromise qua their dispute, culminating in the registration of the said FIR.

Shorn and short of unnecessary details, the allegations, as levelled in the subject FIR, are that the petitioners caused injuries to

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respondent No.2-complainant with baseball bat, sticks and also by giving him kick blows.

Vide the order dated 25.08.2021 passed by this Court, the parties had been directed to appear before the Illaqa Magistrate/trial Court on 26.10.2021 for recording their statements in respect of the compromise. In compliance of the said order, learned Judicial Magistrate 1st Class, Gidderbaha, recorded their (parties') statements and has submitted the report (which is already available on the file) mentioning therein that seven (07) persons, i.e. the petitioners, have been arrayed as accused and except respondent No.2-complainant, there is no other victim/complainant in the said FIR and the compromise effected between the parties is genuine, voluntary and without any coercion or undue influence and none of the accused has been declared a proclaimed offender nor is involved in any other criminal case.

The statements of both the parties as well as of the investigating officer named Rajinder Singh ASI have also been annexed with the said report. I have heard learned counsel for the petitioners as well as learned State counsel and learned counsel for respondent No.2complainant in the present petition and have also perused the file thoroughly.

The said compromise has been effected to put the dispute between the parties at rest for all the times to come and the same would promote peaceful, harmonious and cordial relations between them. It being so, there are bleak chances of the conviction of the petitioners and

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in these circumstances, the continuation of the proceedings in the case arising out of the said FIR would be an exercise in futility. Keeping in view the above-discussed facts and circumstances as well as the observations as made by the Apex Court in Gian Singh Versus State of Punjab and another (2012) 4 RCR (Criminal) 543, the FIR bearing No.18 dated 29.01.2020 registered at Police Station Kotbhai, District Sri Muktsar Sahib, under Sections 323, 148, 149 IPC (wherein the offence under Section 452 IPC is stated to have been added later-on), is hereby quashed.

The petition in hand stands allowed accordingly. (MEENAKSHI I. MEHTA) 23.11.2021 JUDGE neetu Whether speaking/reasoned Yes Whether Reportable No