Gursharan Singh And ANR v. State Of Punjab And Another

CRM-M-49520-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49520-2024 Date of decision:17.01.2025 Gursharan Singh and another

...Petitioner(s)

Versus

State of Punjab and another

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Aditya Sharma, Advocate for Ms. Amandeep Kaur, Advocate for the petitioner(s). Mr. Inderjeet Singh Ladher, DAG, Punjab.

Ms. Anamika Sheoran, Advocate for respondent No.2.

***** KARAMJIT SINGH , J. (Oral) Prayer in this petition is for quashing of FIR No.116 dated 08.08.2023 registered under Sections 186, 353, 506 IPC and Section 136 of Electricity Act, 2003 and Section 3 of Prevention of Damage to Public Property Act, 1984 at Police Station Lalru, Tehsil Dera Bassi District SAS Nagar on the basis of compromise.

2.

The above stated FIR was registered on the statement of the complainant/respondent No.2- against the petitioner. 3.

On notice of motion, respondent No.2 appeared in the Court through his counsel and pleaded that he has no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

4.

During the course of preliminary hearing, the trial Court /Illaqa Magistrate was directed to record the statements of the all the concerned SONIA BURA 2025.01.21 11:20 I attest to the accuracy and integrity of this document

CRM-M-49520-2024 -2parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

5.

In compliance thereof, report from the Court of JMIC, Dera Bassi, SAS Nagar along with photocopies of the statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. 6.

I have heard learned counsel for the parties. 7.

Learned counsel for the petitioner(s) and for respondent No.2 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion. 8.

In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law. 9.

For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and FIR No.116 dated 08.08.2023 and all the subsequent proceedings are hereby quashed qua the petitioners.

17.01.2025 ( KARAMJIT SINGH ) sonia JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No SONIA BURA 2025.01.21 11:20 I attest to the accuracy and integrity of this document