Harjit Singh And Ors vs State Of Punjab And Anr
2024 Latest Caselaw 13492 P&H

Punjab-Haryana High Court

Harjit Singh And Ors vs State Of Punjab And Anr on 2 August, 2024

                                       Neutral Citation No:=2024:PHHC:099089




248         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                     CRM-M-30025-2024
                                                     Date of Decision: 02.08.2024

Harjit Singh and others                                           ...Petitioners
                                       Versus
State of Punjab and another                                       ...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:    Mr. Lakshay Bector, Advocate for the petitioners.

            Ms. Avneet, AAG, Punjab.

            Mr. Saurav Kanojia, Advocate for respondent No.2.

         ***
GURBIR SINGH, J. (ORAL)

1. The present petition has been filed under Section 482 Cr.P.C. for

quashing of FIR No.31 dated 11.02.2024 under Sections

323/341/148/149/506/427 of IPC, 1860 (Sections 342 and 379 of IPC added

later on) registered at Police Station Tibba, District Ludhiana (Annexure P-1)

and all subsequent proceedings on the basis of compromise dated 28.03.2024

(Annexure P-2) .

2. This Court, vide order dated 18.06.2024 had directed the parties to

appear before the trial Court/Duty Magistrate to get their statements recorded

and the learned Magistrate was directed to send the report qua the genuineness

of the compromise.

3. In compliance thereof, report dated 20.07.2024 from learned

Judicial Magistrate Ist Class, Ludhiana has been received through the District

& Sessions Judge, Ludhiana with statements of the parties, in which, it has

been mentioned that the compromise is genuine and has been effected between

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Neutral Citation No:=2024:PHHC:099089

the parties voluntarily, without any coercion or undue influence.

4. Learned counsel appearing on behalf of respondent No.2-

complainant has not disputed the factum of compromise.

5. Learned State counsel submits that in case the parties have indeed

settled their dispute, the State would have no objection to the quashing of the

FIR.

6. I have heard learned counsel for the parties and have gone through

the record.

7. 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.

8. Following the principles laid down by the Full Bench judgment of

this Court in Kulwinder Singh and others Versus State of Punjab and another

2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in

Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this

petition is allowed and FIR No.31 dated 11.02.2024 under Sections

323/341/148/149/506/427 of IPC, 1860 (Sections 342 and 379 of IPC added

later on) registered at Police Station Tibba, District Ludhiana (Annexure P-

1)and all subsequent proceedings arising therefrom are quashed qua the

petitioners on the basis of compromise dated 28.03.2024 (Annexure P-2).

(GURBIR SINGH) 02.08.2024 JUDGE Parveen kumar Whether speaking/reasoned :Yes/No Whether reportable :Yes/No

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