Punjab-Haryana High Court
Jagmohan Singh vs Ranbir Singh And Anr on 5 December, 2023
Neutral Citation No:=2023:PHHC:155373
2023:PHHC:155295
CRM-M-46267-2023 1
273 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-46267-2023 (O&M)
Date of Decision: 05.12.2023
JAGMOHAN SINGH
...Petitioner
V/S
RANBIR SINGH AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Ishan Kaushal, Advocate
for the petitioner.
****
HARPREET SINGH BRAR J. (Oral)
1. This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No. 61 dated 10.07.2021
registered under Sections 420, 465, 467, 468 and 471 of Indian Penal Code
at Police Station Badali Ala Singh, District Fatehgarh Sahib and all
subsequent proceedings arising therefrom in view of the compromise dated
29.03.2023 (Annexure P-2).
2. On 15.09.2023, following order was passed:
"Through this petition, the petitioner seeks
quashing of FIR No.61 dated 10.07.2021, registered at
Police Station Badali Ala Singh, under Sections 420,
465, 467, 468 and 471 IPC and all the consequential
proceedings arising therefrom, on the basis of
compromise dated 29.03.2023 (Annexure P-2) arrived
at between the parties.
Learned counsel for the petitioner refers to
judgment dated 18.05.2023 (Annexure P-3) passed in
civil appeal preferred by the petitioner against the
respondents wherein factum of compromise effected
between the parties has been noticed.
1 of 3
Neutral Citation No:=2023:PHHC:155373
2023:PHHC:155295
Notice of motion for 05.12.2023."
3. Mr. Aseem Sharma, Advocate has put in appearance on behalf of
respondents No. 1 and 2, filed her power of attorney and the same is taken
on record.
4. Learned counsel for the petitioner contends that both the
aggrieved persons have been impleaded as respondents. Both the parties
have compromised the matter, which is evident from the judgment dated
18.05.2023 passed in Civil Appeal preferred by the petitioner against the
respondents and the relevant extract from the order passed by learned
Additional District is reproduced hereinbelow:
"In view of the compromise Ex. CX arrives interse the
parties regarding which the parties have suffered
statement in the court, therefore, the court deem it
proper to dispose off the appeal in hand, in view of
compromise Ex. CX with direction to the parties to
bound by the terms and conditions of the compromise
Ex. CX and statement suffered in the court."
5. Learned counsel appearing for respondents has admitted the
factum of compromise and submits that he has no objection in case the FIR
in question is quashed.
5. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
6. The parties have arrived at a compromise and settled their
dispute. 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
2 of 3
Neutral Citation No:=2023:PHHC:155373
2023:PHHC:155295
conviction are bleak. A two Judge Bench of the Hon'ble Supreme Court in
Shakunta Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC
63, speaking through Justice V.R. Krishna Iyer, has held as under:-
"4. ....The finest hour of justice arrives propitiously when
parties, despite falling apart, bury the hatchet and weave a
sense of fellowship or reunion....."
7. Consequently, keeping in view the fact that the dispute has been
amicably settled and in view of the law laid down by the Hon'ble Supreme
Court in Narinder Singh and others vs. State of Punjab and another,
(2014) 6 SCC 466 and Ramgopal and another Vs. State of Madhya
Pradesh 2021 SCC OnLine SC 834 and Full Bench of this Court in
Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this
petition is allowed and FIR No. 61 dated 10.07.2021 registered under
Sections 420, 465, 467, 468 and 471 of Indian Penal Code at Police Station
Badali Ala Singh, District Fatehgarh Sahib and all subsequent proceedings
arising out of the same are quashed qua the petitioner only.
(HARPREET SINGH BRAR)
05.12.2023 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:155373
3 of 3
