Chamkaur Singh vs State Of Punjab And Anr
2021 Latest Caselaw 503 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA


                            AT CHANDIGARH




                                         Criminal Misc. No.M-28643 of 2020
                                               Date of Decision: 10.02.2021

Chamkaur Singh
                                                              ...Petitioner(s)
                                   Versus
State of Punjab & another
                                                            ...Respondent(s)


CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA


Present:-   Mr. Arshdeep Singh Brar, Advocate
            for the petitioner.

            Ms. Bhavna Gupta, DAG, Punjab.

            Mr. C.S. Jattana, Advocate
            for respondent no.2.

            *****

HARI PAL VERMA, J. (Oral)

The matter has been taken up for hearing through video

conferencing due to outbreak of COVID-19.

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of FIR No.73 dated 28.04.2020 under Sections 279, 336, 337, 188

IPC Section 27 Arms Act registered at Police Station City South Moga

(Annexure P-1) on the basis of compromise dated 04.06.2020 (Annexure P-

2).

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This Court vide order dated 17.12.2020 had directed the

parties to appear before the Illaqa Magistrate/Trial Court to get their

statements recorded with regard to compromise so arrived and learned

Illaqa Magistrate/Trial Court was directed to submit its report regarding the

genuineness of the compromise so effected between the parties on the basis

of statements so recorded.

Pursuant to the aforesaid order, the parties have appeared

before Chief Judicial Magistrate, Moga and got their statements recorded.

Learned Magistrate has forwarded her report dated 13.01.2021 to the effect

that the compromise arrived at between the parties is genuine, voluntary

and without any coercion or undue influence.

The FIR in question has been recorded on the basis of

statement of respondent No.2-Jasdeep Singh @ Bhola. He has made a

statement before the learned Magistrate in support of compromise on

11.01.2021, which reads as under:-

"I have entered into the compromise with the accused Chamkaur Singh of FIR No.73 dated 28.04.2020 registered under Sections 279, 336, 337, 188 IPC and Section 27-54-59 of Arms Act, P.S. City South, Moga with the intervention of respectable of the society. I have no objection, if the above said FIR is quashed. I have entered into the compromise to avoid further litigation and for the peace of mind. Nothing is due towards the accused. I do not want to pursue the present FIR. I am giving this statement without any pressure, undue influence and coercion and the compromise so entered between me and the abovesaid accused was with my free Will and

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consent, without any force, undue influence and coercion etc. from any quarter. The said compromise is genuine and voluntarily entered into by me with the said accused. No person has been declared proclaimed offender in the above said FIR. There is only one accused in the above said FIR."

Similar statement has been made by respondent no.3.

Learned counsel for respondent no.2 admits the very factum of

compromise so entered between the parties and submits that the

complainant has no objection to the FIR being quashed.

Learned State counsel also does not dispute the compromise

entered between the parties.

There is nothing on record to doubt the genuineness of the

compromise, as arrived between the parties and no useful purpose would be

served to continue with the proceedings in the instant FIR.

Accordingly, following the principles laid down by the Full

Bench judgment of this Court in Kulwinder Singh and others v. State of

Punjab and another, 2007 (3) RCR (Criminal) 1352 (P&H), as approved

by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and

others, (2013)13 SCC 303, this petition is allowed and FIR No.73 dated

28.04.2020 under Sections 279, 336, 337, 188 IPC Section 27 Arms Act

registered at Police Station City South Moga (Annexure P-1) and the

consequent proceedings arising therefrom are quashed qua the petitioner,

on the basis of compromise dated 04.06.2020.

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However, this will be subject to payment of costs of `10,000/-,

which shall be paid by the petitioner in the Lawyers Welfare Fund of

Punjab and Haryana High Court Bar Association.

February 10, 2021                             ( HARI PAL VERMA )
AK                                                  JUDGE

Whether speaking / reasoned?                           Yes / No
Whether reportable?                                    Yes / No




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