Punjab-Haryana High Court
Jaskaran Singh And Others vs State Of Punjab And Others on 10 April, 2023
CRM-M-8791-2023 1
265
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-8791-2023
Date of Decision: 10.04.2023
Jaskaran Singh and others
....Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present : Mr. Gulrej Khan, Advocate
for the petitioners.
Mr. Aditya Kapoor, AAG, Punjab
for respondent No.1/State.
Mr. Mehtab Singh, Advocate
for respondents No.2 and 3.
HARSH BUNGER, J. (Oral)
This petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No.110 dated 17.10.2022 (Annexure P-1), registered under
Section 420 of the Indian Penal Code, 1860, registered at Police Station
Maur, District Bathinda and all the consequential proceedings arising
therefrom on the basis of compromise dated 04.02.2023 (Annexure P-2)
arrived at between the parties.
Vide order dated 20.02.2023 passed by this Court, the Illaqa
Magistrate/trial Court 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 Ist Class,
Talwandi Sabo has submitted a consolidated report vide letter dated
23.03.2023 which indicates that the parties appeared before the Judicial
HIMANI GUPTA
2023.04.17 17:04
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
Magistrate Ist Class, Talwandi Sabo 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 with free will
and consent. Relevant extract of the said report is reproduced as under:-
"On the basis of statement of parties as well as
Investigating Officer it is submitted that three accused persons
are arrayed in the present FIR. Further that there are two
complainant/victims in the present case. Report under Section
173 of Cr.P.C is yet to be filed in the present FIR. The accused
persons were never declared proclaimed offender in any other
case and never involved in any other FIR. It is also submitted
that all the concerned have signed the compromise deed. The
compromise between accused/petitioners Jaskaran Singh son of
Malkeet Singh, Gurpreet Singh son of Sukhdev Singh, Arshdeep
Singh son of Kulwant Singh and respondent/complainant
namely, Gurmeet Kaur wife of Jagtar Singh, Jagtar Singh son
of Ajaib Singh is genuine, voluntary and without any pressure,
coercion or undue influence."
A perusal of the said report shows that statements of the
concerned persons have been recorded in the case, who have stated that the
matter has been compromised and the complainant has further endorsed his
no objection in case the FIR in question is quashed. They have further stated
that the compromise arrived at between them is genuine, voluntary and
without any pressure.
Learned counsel for respondents No.2 and 3 has again reiterated
that the matter has been settled and the said compromise is in the interest of
all the concerned persons and would help in bringing out peace and amity
between the parties.
Learned State counsel does not raise any serious dispute
regarding quashing of aforesaid FIR in question.
HIMANI GUPTA
2023.04.17 17:04
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
I have heard the learned counsel for the parties and have
perused the file.
In the light of judgments rendered by the Hon'ble Apex Court
in the cases of Shakuntala Sawhney Vs. Kaushalya Sawhney, (1979) 3
SCR 639, 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 Ist Class, Talwandi
Sabo, and also the report dated 23.03.2023 submitted by the Judicial
Magistrate Ist Class, Talwandi Sabo, 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
proceedings 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 FIR on the basis of compromise and by quashing the FIR while
accepting the prayer of the petitioners, would be securing the ends of justice.
Accordingly, this petition is allowed. FIR No.110 dated
17.10.2022 (Annexure P-1), registered under Section 420 of the Indian Penal
Code, 1860, registered at Police Station Maur, District Bathinda and all the
consequential proceedings arising therefrom, are quashed qua the
petitioners. However, the same would be subject to payment of costs of
Rs.10,000/- to be deposited by the petitioners with the "Poor Patients
Welfare Fund, PGIMER, Chandigarh" and the said amount would be
HIMANI GUPTA
2023.04.17 17:04
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High Court, Chandigarh
spent for the treatment of poor patients within the knowledge of its Medical
Superintendent.
Needless to say that parties shall remain bound by the terms of
compromise and their statements made in the Court below.
All pending application(s), if any, shall stand disposed of.
10.04.2023 (HARSH BUNGER)
Himani JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
HIMANI GUPTA
2023.04.17 17:04
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
