Kulwinder Kaur And ORS v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.42012 of 2020 (O&M) Date of Decision:26.02.2021 (Heard through VC) Kulwinder Kaur and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Rishabh Gupta,. Advocate for the petitioners.

Ms. Samina Dhir, DAG, Punjab.

Mr. Yashsavi Kapila, Advocate for respondents No.2 & 3/complainant.

-.- JAISHREE THAKUR, J. (ORAL) 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of Complaint No.COMI/25/2019 dated 18.05.2017 under Sections 323, 341, 354, 34 IPC registered at Police Station Bolath, District Kapurthala along with judgment dated 09.01.2020 passed by SDJM, Tehsil Bholath, District Kapurthala and all subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.

2.

The aforesaid FIR has been registered on the statement of complainant on the allegation of giving beatings and causing injuries by the petitioners. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved

-2their disputes and differences.

3.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the Illaqa Magistrate for getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from Sub Divisional Judicial Magistrate, Bholath stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

4.

Learned Deputy Advocate General, Punjab on instructions from the Investigating Officer and learned counsel for the complainantrespondent No.2 & 3 admit the factum of compromise and the counsel for the respondent-State submits 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. 5.

I have heard learned counsel for the parties and have gone through the record.

6.

In a decision, based on compromise, none of the parties is a loser. Rather, a 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.

7.

Consequently, keeping in view the fact that the dispute has been amicably settled and in view of the law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and

-3another, (2014) 6 SCC 466, this petition is allowed and Complaint No.COMI/25/2019 dated 18.05.2017 under Sections 323, 341, 354, 34 IPC registered at Police Station Bolath, District Kapurthala along with judgment dated 09.01.2020 passed by SDJM, Tehsil Bholath, District Kapurthala and all subsequent proceedings arising out of the same are quashed qua petitioners.

February 26, 2021 (JAISHREE THAKUR) Pankaj* JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No