Inderjit Singh And Others v. State Of Punjab And Others
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 21.02.2023
....Petitioners
Versus
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Vikashdeep Singh, Advocate for the petitioners.
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%&'$ (& "#&$" &) * HARSH BUNGER, J. (Oral) This petition has been filed for quashing of FIR No.264 dated 25.09.2021, under Sections 323, 324, 506, 341 read with Section 34 and (Section 201 IPC added later on) of Indian Penal Code, 1860 registered at Police Station Sultanpur Lodhi, District Kapurthala (Annexure P-1) and all the consequent proceedings arising therefrom, on the basis of compromise dated 23.11.2022 (Annexure P-2) arrived at between the parties. Vide order dated 05.12.2022, the ++, -"$$.$+ /& $ was directed to record the statements of the parties with regard to the genuineness and validity of the compromise.
In compliance thereof, the Sub Divisional Judicial Magistrate, Sultanpur Lodhi has submitted its report, vide letter dated 19.01.2023 which indicates that the parties appeared before the Magistrate and got recorded
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- &( (&" , "$& % $ + '& "+ (& $ #$" % # " $ (+ $ +- $ &( $ -2$" 3 $ Hon'ble Apex Court in the cases of Shakuntala Sawhney Vs. Kaushalya Sawhney, (1979) 3 SCR 639 and Gian Singh Versus State of Punjab and another. 2012(4) RCR (Criminal) 543 and also considering the entire facts, compromise, the statements of the parties recorded before the Illaqa Magistrate / Trial Court and also the report dated 19.01.2023 submitted by Sub Divisional Judicial Magistrate, Sultanpur Lodhi since the parties have arrived at a compromise by amicably settling their disputes and have decided to live in peace, no useful purpose will be served in allowing the criminal proceedings to continue.
Further, in the light of the above mentioned judicial precedents, when the parties have entered into a compromise, then continuation of the proceedings would be mere an abuse of process of the Court. In order to prevent unnecessary continuation of criminal proceedings on the ground that there are bleak chances of conviction in the case, I am of the considered view that it would be in fitness of things to quash the proceedings on the basis of compromise and by quashing the FIR while accepting the prayer of the petitioners, would be securing the ends of justice.
Accordingly, this petition is allowed. FIR No.264 dated 25.09.2021, under Sections 323, 324, 506, 341 read with Section 34 and (Section 201 IPC added later on) of Indian Penal Code registered at Police
-8Station Sultanpur Lodhi, District Kapurthala (Annexure P-1) and all the consequent proceedings arising therefrom, are quashed qua the petitioners. However, the same would be subject to payment of costs of Rs.10,000/- to be deposited by the petitioners with the "Poor Patients Welfare Fund, PGIMER, Chandigarh" and the said amount would be spent for the treatment of poor patients within the knowledge of its Medical Superintendent.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. All pending application(s), if any, shall stand disposed of. 21.02.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No