Punjab-Haryana High Court
S. Sarabjit Singh @ Shaba And ... vs State Of Punjab And Another on 15 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-2504-2022
Date of Decision:-15.12.2022
S. SARABJIT SINGH @ SHABA AND OTHER
... Petitioners
Versus
STATE OF PUNJAB AND ANOTHER
... Respondents
*****
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
*****
Present:- Mr. Vaibhav Narang, Advocate
for the petitioners.
Mr. Chaman Lal Pawar, Addl. A.G. Punjab.
Mr. Divansh Khanna, Advocate
for the complainant.
*****
KARAMJIT SINGH, J. (Oral)
Present petition is for quashing of FIR No.185 dated 12.10.2010
registered under Sections 420, 34 IPC (Sections 452, 506 IPC added later
on) at Police Station Sultanwind, District Amritsar City and judgment of
conviction and order of sentence dated 29.5.2019 passed by Judicial
Magistrate Ist Class, Amritsar (Annexure P-2) on the basis of compromise
dated 3.12.2021 (Annexure P-3) along with other consequential proceedings
arising thereto.
1 of 4
(2) CRM-M-2504-2022
The above stated FIR was registered on the application moved
by respondent No.2/complainant-Satnam Singh against the petitioner.
On notice of motion, respondent No.2 appeared in the Court
through his counsel and pleaded that he has no objection if the aforesaid
complaint and judgment of conviction and order of sentence are quashed on
the basis of the aforesaid compromise which has been effected between the
parties.
During the course of preliminary hearing, the Appellate Court
was directed to record the statements of the all the concerned parties with
regard to genuineness and validity or otherwise of the aforesaid compromise.
In compliance thereof, report from the Court of Additional
Sessions Judge, Amritsar along with 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.
I have heard learned counsel for the parties
Learned counsel for the parties 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.
A Division Bench of this Court in Sube Singh and Another vs.
State of Haryana and Another, 2013(4) RCR(Criminal) 102 allowed the
compromise quashing petition and quashed the FIR as well as all the
subsequent thereof including judgment and order passed by the Court of
2 of 4
(3) CRM-M-2504-2022
Additional Chief Judicial Magistrate whereby the accused persons were
convicted and sentenced to imprisonment and further held that the appeal
preferred by the accused persons against the aforesaid judgment and order
has been rendered infructuous.
Recently the Hon'ble Apex Court in Criminal Appeal No.1393
of 2011 titled as Ramawatar vs. State of Madhya Pradesh decided on
25.10.2021 quashed all the proceedings including judgment and order of
conviction and sentence passed by the trial Court against which the appeal
was pending in the High Court, on the basis of the compromise effected
between the parties.
In the case in hand, the parties have effected compromise. In
view of the compromise, respondent No.2 does not want to take any further
action against the petitioner. I am of the view that the aforesaid compromise
is in the welfare and interest of the parties and will enable the parties to live
in peace and enjoy their life in a dignified manner. So no fruitful purpose
would be served by keeping the proceedings pending in the Appellate Court.
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.185
dated 12.10.2010 registered under Sections 420, 34 IPC (Sections 452, 506
IPC added later on) at Police Station Sultanwind District Amritsar City and
judgment of conviction and order of sentence dated 29.5.2019 passed by
Judicial Magistrate Ist Class, Amritsar (Annexure P-2), along with other
3 of 4
(4) CRM-M-2504-2022
consequential proceedings arising thereto are quashed on the basis of
compromise dated 3.12.2021 (Annexure P-3).
Resultantly, the appeal preferred by the petitioner against the
aforesaid judgment and order dated 29.5.2019 (Annexure P-2) would be
rendered infructuous.
The present petition stands allowed in the aforesaid terms.
( KARAMJIT SINGH)
15.12.2022 JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
4 of 4
