Punjab-Haryana High Court
Anirudh Rai And Another vs State Of Punjab And Another on 5 November, 2024
Neutral Citation No:=2024:PHHC:143915
297 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-31699-2024
Date of Decision: 05.11.2024
Anirudh Rai and another ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. Bhupinder K. Gupta, Advocate for the petitioners.
Mr. Rajinder Singh Bhatta, DAG, Punjab.
None 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.04 dated 24.01.2024 under Sections 406, 420, 120-B of IPC,
1860 registered at Police Station Punjab Agriculture University (PAU), District
Police Commissionerate Ludhiana, Punjab (Annexure P-1) along with all
subsequent proceedings arising therefrom on the basis of compromise dated
30.01.2024 (Annexure P-2).
2. This Court, vide order dated 08.07.2024 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 30.10.2024 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 the parties
voluntarily, without any coercion or undue influence.
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Neutral Citation No:=2024:PHHC:143915
4. There is no representation on behalf of respondent No.2-
complainant.
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.04 dated 24.01.2024 under Sections 406, 420, 120-B of
IPC, 1860 registered at Police Station Punjab Agriculture University (PAU),
District Police Commissionerate Ludhiana, Punjab (Annexure P-1) and all
subsequent proceedings arising therefrom are quashed qua the petitioners on the
basis of compromise dated 30.01.2024 (Annexure P-2).
(GURBIR SINGH)
05.11.2024 JUDGE
Parveen kumar
Whether speaking/reasoned :Yes/No
Whether reportable :Yes/No
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