Punjab-Haryana High Court
Ashok Singh And Ors vs State Of Punjab on 30 November, 2023
Neutral Citation No:=2023:PHHC:153676
2023:PHHC:153676
CRM-6460-2019
IN/AND CRR-2789-2012 1
227 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-6460-2019
IN/AND CRR-2789-2012 (O&M)
Date of Decision: 30.11.2023
ASHOK SINGH AND OTHERS
...Petitioners
VS.
STATE OF PUNJAB
...Respondent
CRR-3060-2012 (O&M)
Date of Decision: 30.11.2023
SUCHA SINGH & ORS
...Petitioners
V/S
STATE OF PUNJAB
...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. A.P.S. Shrgill, Advocate
for the applicants/petitioners in CRR-2789-2012.
Mr. Akash Soni, Advocate
for the applicants/petitioners in CRR-3060-2012.
Mr. I.P.S. Sabharwal, DAG Punjab.
****
HARPREET SINGH BRAR J. (Oral)
CRM-6460-2019
This is an application filed under Section 482 of Cr.P.C. for
taking up the main case i.e. CRR-2789-2012 and the cross case i.e. CRR-
3060-2012 for final adjudication in view of the Compromise Deed
Annexure A-1 dated 23.10.2018 already placed on record vide this Court's
order dated 02.11.2018.
The applicants have already placed on record the compromise
Deed and the present petitioners as well as the petitioners in cross case i.e.
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CRR-3060-2012 have effected compromise amongst themselves. In view of
the facts mentioned in the application, same is allowed and the main cases
i.e. CRR-2789-2012 and CRR-3060-2012 are taken on board today itself.
CRR-2789-2012 and CRR-3060-2012
1. In pursuance of the order passed by this Court on 05.03.2019, the
statement of the parties were recorded in terms of the compromise and a
report of the learned Judicial Magistrate Ist Class, Moga dated 19.04.2019
indicates that the petitioners in both the cases have effected compromise
amongst themselves during the pendency of the present petitions and the
compromise is genuine and without any coercion.
2. Learned Deputy Advocate General, Punjab on instructions from
the Investigating Officer admitted the factum of compromise and submit
that in case the parties have indeed settled their dispute, the State would
have no objection to the quashing of the FIR, in view of the law laid down
by the Hon'ble Supreme Court.
3. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
4. 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 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....."
5. 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 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, both petitions are allowed and
the impugned judgments dated 04.09.2012 passed by learned Sessions
Judge, Moga affirming the judgments of conviction and orders of sentence
dated 19.05.2009 passed by learned Judicial Magistrate Ist Class, Zira as
version and cross-version arising out of the FIR No. 73 dated 24.05.1996
under Sections 326, 324, 325, 323, 148 and 149 of Indian Penal Code
registered at Police Station Dharamkot, District Moga are hereby quashed.
All the petitioners namely Ashok Singh, Amarsurjit Singh @ Maini, Achhar
Singh, Balkaran Singh @ Kannu, Harvinderjit Singh @ Sukhwinder Singh
in CRR-2789-2012 as well as all the petitioners namely Sucha Singh, Attar
Singh and Balwinder Singh in CRR-3060-2012 are acquitted of the charges
framed against them. Their bail bonds and surety bonds stand discharged.
7. Pending CRM(s), if any, also also disposed of accordingly.
(HARPREET SINGH BRAR)
30.11.2023 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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