Punjab-Haryana High Court
Jaspreet Singh And Others vs State Of Punjab And Another on 3 September, 2024
Neutral Citation No:=2024:PHHC:115519
273 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-21613-2024
Date of Decision: 03.09.2024
Jaspreet Singh and others ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. K.S. Saini, Advocate for the petitioners.
Mr. Rajinder Singh Bhatta, DAG, Punjab.
Mr. Kulbir Singh, Advocate for the respondents.
***
GURBIR SINGH, J. (ORAL)
1. The present petition has been filed under Section 482 Cr.P.C. for
quashing of FIR No.112 dated 23.10.2020 under Sections 452/427/148/149 of
IPC, 1860 registered at Police Station Morinda District Rupnagar (Annexure
P-1) and all subsequent proceedings on the basis of compromise dated
29.03.2024 (Annexure P-2).
2. This Court, vide order dated 14.05.2024 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 07.08.2024 from learned
Additional Chief Judicial Magistrate, Rupnagar has been received through the
District & Sessions Judge, Rupnagar, 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:115519
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.112 dated 23.10.2020 under Sections
452/427/148/149 of IPC, 1860 registered at Police Station Morinda District
Rupnagar (Annexure P-1) and all subsequent proceedings arising therefrom are
quashed qua the petitioners on the basis of compromise dated 29.03.2024
(Annexure P-2).
(GURBIR SINGH)
03.09.2024 JUDGE
Parveen kumar
Whether speaking/reasoned :Yes/No
Whether reportable :Yes/No
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