Baljit Singh And ORS. v. State Of Punjab And Another
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 24.04.2023
....Petitioners
Versus
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Ms. Himani, Advocate for Mr. Chandan Singh Rana, Advocate for the petitioners.
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+ HARSH BUNGER, J. (Oral) This petition has been filed under Section 482 Cr.P.C for quashing of FIR No.143 dated 09.12.2022, under Sections 323, 325, 148, 149 and 506 of Indian Penal Code registered at Police Station Daresi District Police Commissionerate, Ludhiana (Annexure P-1) and all the consequent proceedings arising therefrom, on the basis of compromise dated 10.12.2022 (Annexure P-2) arrived at between the parties. Vide orders dated 16.02.2023, the ,,-.&%',/ was directed to record the statements of the parties with regard to the genuineness and validity of the compromise.
In compliance thereof, the Judicial Magistrate First Class, Ludhiana has submitted its report, vide letter dated 20.04.2023 which
-+- indicates that the parties appeared before the Magistrate and got recorded their respective statements with regard to the validity of the compromise. As per the report, the compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Relevant extract of the said report is reproduced as under:-
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% &%1%$,% In the light of the judgments rendered by the 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 considering the entire facts, compromise, the statements of the parties recorded before the Judicial Magistrate First Class, Ludhiana and also the report dated 20.04.2023 submitted by Judicial Magistrate First Class, Ludhiana 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
-4proceedings 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.
** !., 1& % ! & ,, 2% FIR No.143 dated 09.12.2022, under Sections 323, 325, 148, 149 and 506 of Indian Penal Code registered at Police Station Daresi District Police Commissionerate, Ludhiana (Annexure P-1) and all the consequent proceedings arising therefrom %- &1%- 1% % !%&
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&% $ 24.04.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No