Gian Chand @ Gian Singh And Ors vs State Of Punjab And Another
2022 Latest Caselaw 11862 P&H

CRM-M-10575-2021                                                 -1-


        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                       CHANDIGARH

290-1                            CRM-M-10575-2021
                                 Date of decision:21.09.2022

Gian Chand @ Gian Singh and others                    ... Petitioners

                                Vs.

State of Punjab and another                           ... Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:   Mr. H.S. Aujla, Advocate for the petitioners.

           Mr. Vipin Pal Yadav, Addl. A.G., Punjab.

           Mr. Navdeep Singh Dhillon, Advocate for respondent No.2.

                         ***

SUVIR SEHGAL J. (ORAL)

Instant petition has been filed under Section 482 of Cr.P.C. for

quashing of FIR No.356 dated 03.12.2018 under Sections 452, 323, 354-

A, 354, 506 and 34 of IPC, 1860, registered at Police Station Shimlapuri

District Police Commissionerate Ludhiana, Annexure P-1, alongwith all

subsequent proceedings arising therefrom, on the basis of compromise

dated 01.02.2021, Annexure P-3, arrived at between the parties.

Counsel for the petitioners submits that FIR, Annexure P-1,

which has been lodged on the direction of JMIC, Ludhiana on a petition

filed under Section 156 (3) of Cr.P.C., is an outcome of a dispute

between a landlord and tenant. He submits that an argument took place

between the parties over the filling of an overhead water tank, which

resulted in altercation and in the scuffle, clothes of complainant's wife

got torn. It is his argument that there was no intention to outrage the

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modesty of the lady. Still further, he submits that the dispute has now

been amicably settled by a panchayati compromise, Annexure P-3, and

the parties have appeared before the trial court and their statements have

been recorded.

Upon instructions from ASI Jaswinder, State counsel submits

that matter is under investigation.

Counsel for the complainant/respondent No.2 has admitted the

factum of compromise and supports the prayer made in the petition.

Heard counsel for the parties.

Vide order dated 09.03.2021, this Court directed the parties to

appear before the Area Magistrate/Trial Court/Duty Magistrate for

getting their statements recorded and a report was called for on the

following aspects:-

"1. Number of persons arrayed as accused;

2. Whether any accused is proclaimed offender;

3. Whether the compromise is genuine, voluntary and without any coercion or undue influence;

4. Whether the accused persons are involved in any other FIR or not; and

5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR."

Report has been received and its relevant extract is reproduced

as under:-

"So, from the statements of the parties, it appears to the court that the parties have been compromised the matter out of their free Will, voluntarily, without any sort of pressure, coercion and fear.

As per FIR and statement of the Investigating Officer, there are petitioners/ accused No.1 to 4 have been arrayed as accused.

As per statement of the Investigating Officer, joint statements of petitioners/accused & report of the Criminal Ahlmad, any of the

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accused has not been declared as Proclaimed Offender nor they are involved in other FIR.

As per statement of Investigating Officer, there is only one complainant namely Neelam in the present FIR."

It is evident that FIR is an outcome of a trivial dispute between

the parties, which has now been amicably settled. In view of the above

facts, report of the trial court and judgment of the Supreme Court in

Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others

Versus State of Gujarat and another (2017) 9 SCC 641, this Court is of

the view that setting aside of the criminal proceedings would go a long

way in restoring peace and harmony amongst the parties.

Resultantly, petition is allowed. FIR No.356 dated 03.12.2018

under Sections 452, 323, 354-A, 354, 506 and 34 of IPC, 1860,

registered at Police Station Shimlapuri District Police Commissionerate

Ludhiana, Annexure P-1, and all subsequent proceedings arising

therefrom, are quashed qua the petitioners.

21.09.2022                                        (SUVIR SEHGAL)
sheetal                                               JUDGE

          Whether Speaking/Reasoned            Yes/No
          Whether Reportable                   Yes/No




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