Punjab-Haryana High Court
Nasib Singh vs State Of Punjab And Others on 5 August, 2024
Neutral Citation No:=2024:PHHC:099952
CRM-M-29678-2024
- 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
293
CRM-M-29678-2024
Date of decision: 05.08.2024
NASIB SINGH ....Petitioner
Versus
STATE OF PUNJAB AND OTHERS ...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Arshdeep, Advocate
for the petitioner.
Mr. Raghav Garg, AAG, Punjab.
Mr.Tushaar Madaan, Advocate for respondents No.2 and 3.
KULDEEP TIWARI. J.(Oral)
1. The instant petition filed under Section 482 of the Cr.P.C., proffers
the hereinafter extracted relief, as craved by the petitioner, inasmuch as, quashing
of the FIR No.19 dated 18.02.2018, under Sections 338, 337, 427and 279 of IPC,
registered at Police Station Mamdot, District Ferozepur, along with all the
consequential proceedings arising therefrom, including the judgment of conviction
and order of sentence dated 18.04.2023 (Annexure P-2), on the basis of a
compromise dated 23.05.2024 (Annexure P-4), as entered into inter se the
petitioner and the respondent No.2 & 3.
2. Upon an affirmative response from the learned counsel for the
respondent No.2 & 3 qua the compromise dated 23.05.2024 (Annexure P-4), this
Court through an order drawn on 11.06.2024, upon the instant petition, directed the
parties to appear before the learned trial Court/Illaqa Magistrate concerned, for
getting their respective statements recorded qua authenticity of the compromise
1 of 3
Neutral Citation No:=2024:PHHC:099952
CRM-M-29678-2024
- 2-
dated 23.05.2024 (Annexure P-4). Moreover, the learned trial Court/Illaqa
Magistrate concerned was also directed to send a report in the above regard.
3. Consequent to the making of the directions (supra), the parties appeared
before the Judicial Magistrate First Class, Ferozepur and got their respective
statements recorded, thereby authenticating the compromise dated 23.05.2024
(Annexure P-4). Accordingly, in compliance of the directions (supra) of this Court, a
Report bearing No.204 dated 03.08.2024, has been received from the Judicial
Magistrate First Class, Ferozepur, wherein, a satisfaction has been recorded by the
Judicial Magistrate First Class, Ferozepur qua the compromise (supra) being drawn
in a genuine and voluntary manner, without any coercion or undue influence.
4. This Court has heard counsel for the parties and gone through the case
file.
5. A Co-ordinate Bench of this Court, in CRM-M-25669-2020 (O&M),
titled "Abhishek Singh & others V/s State of Punjab & others", Pronounced on:
07.04.2022, while granting a similar relief, as craved in the instant petition, has
observed as under:-
"9. The following aspects would be relevant to conclude this petition:-
a) The accused and the private respondents have amicably settled the matter
between them in terms of the compromise deed and the statements recorded
before the concerned Court;
b) A perusal of the documents reveal that the settlement has not been secured
through coercion, threats, social boycotts, bribes, or other dubious means;
c) The victim has willingly consented to the nullification of criminal
proceedings;
d) There is no objection from the private respondents in case present FIR and
consequent proceedings are quashed;
e) In the given facts, the occurrence does not affect public peace or
tranquillity, moral turpitude or harm the social and moral fabric of the
2 of 3
Neutral Citation No:=2024:PHHC:099952
CRM-M-29678-2024
- 3-
society or involve matters concerning public policy;
f) The rejection of compromise may also lead to ill will. The pendency of trial
affects career and happiness;
g) There is nothing on the record to prima facie consider the accused as an
unscrupulous, incorrigible, or professional offender;
h) The purpose of criminal jurisprudence is reformatory in nature and to
work to bring peace to family, community, and society;
i) The exercise of the inherent power for quashing the conviction, sentence
and all previous proceedings is justified to secure the ends of justice."
6. In the light of the hereinabove recorded aspects and considering the fact
that the offences, for which the petitioner/accused has/have been charged, are not
grave in nature, as also in view of the law laid down in Gian Singh Vs. State of
Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others
Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing
the FIR (supra) is hereby allowed.
7. Resultantly, FIR No.19 dated 18.02.2018, under Sections 338, 337,
427and 279 of IPC, registered at Police Station Mamdot, District Ferozepur, along
with all the consequential proceedings arising therefrom, including the judgment
of conviction and order of sentence dated 18.04.2023 (Annexure P-2), are hereby
quashed, on the basis of the compromise dated 23.05.2024 (Annexure P-4),
subject to the payment of costs of Rs.5,000/-, to be forthwith deposited with the
District Legal Services Authority concerned.
(KULDEEP TIWARI)
05.08.2024 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
3 of 3
