Balwinder Singh vs Veer Singh
2023 Latest Caselaw 19868 P&H

                                                           Neutral Citation No:=2023:PHHC:145927




                                                        2023:PHHC:145927
CRR-1987-2015 (O&M)                                                                1

240       IN THE HIGH COURT OF PUNJAB AND HARYANA
                        CHANDIGARH
                                CRR-1987-2015 (O&M)
                                Date of Decision: 16.11.2023

BALWINDER SINGH
                                                                  ...Petitioner
                                 V/S

VEER SINGH
                                      ...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Hitesh Chopra, Advocate
         for the petitioner.

          Mr. V.K. Sandhir, Advocate for the respondent.
                               ****

HARPREET SINGH BRAR J. (Oral)

1. By way of present revision petition, the petitioner has assailed the

judgment of conviction and order on quantum of sentence dated 01.06.2013

passed by learned Judicial Magistrate Ist Class, Amritsar vide which the

petitioner was sentenced to undergo rigorous imprisonment for a period of

two years and to pay a fine of Rs. 1,000/- and order dated 07.03.2015

passed by Additional Sessions Judge (Adhoc), Fast Track Court, Amritsar,

vide which appeal filed by the petitioner was dismissed, in view of the fact

that financial matter stands settled between both the parties in terms of

compromise deed and affidavit of the complainant i.e. Annexures P-5 and

P-6 respectively.

2. The case of the complainant/respondent is that the petitioner took

a friendly loan of Rs. 6,00,000/- from the complainant and in order to

discharge his legal liability, he issued cheque No. 135622 dated 12.09.2012

for Rs. 6,00,000/- drawn on ICICI Bank, Hall Bazar, Amritsar in favour of

the complainant. But the said cheque was returned unpaid by the bank with

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remarks "funds insufficient". Now with the intervention of respectable

persons, the matter has been amicably compromised between the parties and

they have resolved their disputes and differences.

3. Keeping in view the fact that the parties have entered into a

compromise, they were directed to appear before the trial court/Illaqa

Magistrate for getting their statements recorded in support of the

compromise. In pursuance of the direction, a report dated 16.10.2023 has

been received from Civil Judge (Jr. Div.)-cum-Judicial Magistrate First

Class, Amritsar stating that the compromise arrived at between the parties is

without any pressure or coercion from any one and the same is genuine one.

4. Learned counsel for respondent admitted the factum of

compromise and submit that the parties have indeed settled their dispute and

he has no objection to the quashing of the impugned judgment of conviction

and order of sentence passed by the Courts below, in view of the law laid

down by the Hon'ble Supreme Court.

5. I have heard learned counsel for the parties and have gone

through the record with their able assistance.

6. In a decision, based on compromise, none of the parties is a loser.

Rather, 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

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:-

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"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 the judgment of conviction and order on quantum of

sentence dated 01.06.2013 passed by Judicial Magistrate Ist Class, Amritsar

and further order dated 07.03.2015 passed by Additional Sessions Judge,

(Adhoc), Fast Tract Court, Amritsar vide which appeal of the petitioner was

dismissed, are hereby quashed and all subsequent proceedings arising out of

the same are quashed qua the petitioner only.

8. Pending CRM(s), if any, also also disposed of accordingly.

                                                 (HARPREET SINGH BRAR)
16.11.2023                                               JUDGE
Ajay Goswami

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




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