Punjab-Haryana High Court
Amit Singla And Another vs State Of Punjab And Others on 12 August, 2024
Neutral Citation No:=2024:PHHC:103858
CRM-M-15449-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
279 CRM-M-15449-2024
Date of Decision: 12.08.2024
AMIT SINGLA AND ANR ...Petitioners
Versus
STATE OF PUNJAB AND ORS ...Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH.
Present: Mr. R.S.Joshi, Advocate for the petitioners.
Ms. Manjot Kaur, AAG, Punjab.
Mr. Shivam Sharma, Advocate for respondent Nos. 2 and 3.
****
GURBIR SINGH, J (ORAL)
1. The present petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No.37 dated 06.02.2024 under Sections 406/420/120-B IPC
registered at Police Station Sohana, District SAS Nagar and all subsequent on the
basis of compromise dated 06.03.2024 (Annexure P-2).
2. This Court, vide order dated 01.04.2024 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 05.08.2024 from learned
Judicial Magistrate Ist Class, SAS Nagar, has been received through the District
& Sessions Judge, SAS Nagar, 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:103858
CRM-M-15449-2024
the parties voluntarily, without any coercion or undue influence.
4. Learned counsel appearing on behalf of respondent Nos. 2 & 3 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.37 dated 06.02.2024 under Sections 406/420/120-
B IPC registered at Police Station Sohana, District SAS Nagar and all subsequent
proceedings arising therefrom are quashed qua the petitioners on the basis of
compromise dated 06.03.2024 (Annexure P-2).
(GURBIR SINGH)
12.08.2024 JUDGE
renu
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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