Punjab-Haryana High Court
Lakhbir Singh @ Lakha And Others vs State Of Punjab And Others on 14 August, 2024
Neutral Citation No:=2024:PHHC:105790
CRM-M-33808-2023
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
249 CRM-M-33808-2023
Date of Decision: 14.08.2024
LAKHBIR SINGH @ LAKHA AND ORS ...Petitioners
Versus
STATE OF PUNJAB AND ORS ...Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH.
Present: Ms. Meena, Advocate for
Mr. Amit Arora, Advocate for the petitioners.
Mr. Rajinder Singh Bhatta, DAG, Punjab.
Mr. Jagjeet Singh, Advocate for respondent Nos.2 to 4.
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GURBIR SINGH, J (ORAL)
1. The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.0002 dated 09.01.2021 under Sections 336, 506, 34 IPC and Section 25 & 27 of Arms Act 1959 registered at Police Station Bhikhiwind, District Tarn Taran and all subsequent proceedings on the basis of compromise dated 22.05.2023 (Annexure P-2).
2. This Court, vide order dated 17.07.2023 had directed the parties to appear before the Illaqa Magistrate/ trial Court to get their statements recorded and the learned Magistrate was directed to send the report qua the genuineness of the compromise.
3. In compliance thereof, report dated 23.01.2024 from learned Judicial Magistrate Ist Class, Patti, has been received through the District & Sessions Judge, Tarn Taran, with statements of the parties, in which, it has been mentioned that the compromise is genuine and has been effected between the parties voluntarily, without any coercion or undue influence.
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4. Learned counsel appearing on behalf of respondent Nos. 2 to 4 has not disputed the factum of compromise.
5. Learned State counsel submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR.
6. I have heard learned counsel for the parties and have gone through the record.
7. 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.
8. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.0002 dated 09.01.2021 under Sections 336, 506, 34 IPC and Section 25 & 27 of Arms Act 1959 registered at Police Station Bhikhiwind, District Tarn Taran and all subsequent proceedings arising therefrom are quashed qua the petitioners on the basis of compromise dated 22.05.2023 (Annexure P-2).
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