Lakhbir Singh @ Lakha And Others vs State Of Punjab And Others
2024 Latest Caselaw 14712 P&H

Punjab-Haryana High Court

Lakhbir Singh @ Lakha And Others vs State Of Punjab And Others on 14 August, 2024

                                         Neutral Citation No:=2024:PHHC:105790



CRM-M-33808-2023
                                                             1

           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

249                                              CRM-M-33808-2023
                                                 Date of Decision: 14.08.2024
LAKHBIR SINGH @ LAKHA AND ORS                                      ...Petitioners

                                      Versus

STATE OF PUNJAB AND ORS                                            ...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH.

Present:     Ms. Meena, Advocate for
             Mr. Amit Arora, Advocate for the petitioners.

             Mr. Rajinder Singh Bhatta, DAG, Punjab.

             Mr. Jagjeet Singh, Advocate for respondent Nos.2 to 4.

                                 ****
GURBIR SINGH, J (ORAL)

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

quashing of FIR No.0002 dated 09.01.2021 under Sections 336, 506, 34 IPC and

Section 25 & 27 of Arms Act 1959 registered at Police Station Bhikhiwind,

District Tarn Taran and all subsequent proceedings on the basis of compromise

dated 22.05.2023 (Annexure P-2).

2. This Court, vide order dated 17.07.2023 had directed the parties to

appear before the Illaqa Magistrate/ trial Court 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 23.01.2024 from learned

Judicial Magistrate Ist Class, Patti, has been received through the District &

Sessions Judge, Tarn Taran, with statements of the parties, in which, it has been

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

parties voluntarily, without any coercion or undue influence.

1 of 2

Neutral Citation No:=2024:PHHC:105790

CRM-M-33808-2023

4. Learned counsel appearing on behalf of respondent Nos. 2 to 4 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.0002 dated 09.01.2021 under Sections 336, 506, 34 IPC

and Section 25 & 27 of Arms Act 1959 registered at Police Station Bhikhiwind,

District Tarn Taran and all subsequent proceedings arising therefrom are quashed

qua the petitioners on the basis of compromise dated 22.05.2023

(Annexure P-2).

(GURBIR SINGH) 14.08.2024 JUDGE renu Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

2 of 2