Abdul Guffar And Others vs State Of Punjab And Another
2024 Latest Caselaw 16576 P&H

Punjab-Haryana High Court

Abdul Guffar And Others vs State Of Punjab And Another on 9 September, 2024

                                      Neutral Citation No:=2024:PHHC:118886




264/A       IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                    CRM-M-46153-2023
                                                    Date of Decision: 09.09.2024

Abdul Guffar and others                                          ...Petitioners
                                      Versus
State of Punjab and another                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:    Mr. Sunny K. Singla, Advocate
            for the petitioners.

            Ms. Avneet, AAG, Punjab.

            Mr. Mahipal Singh Yadav, Advocate for respondent No.2.

            ***

GURBIR SINGH, J. (ORAL)

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

quashing of cross-case/DDR No.42 dated 07.06.2022 (Annexure P-3) under

Sections 323/341/148/149 of IPC, PS Sadar Ahmedgarh, District Malerkotla in

FIR No.193 dated 03.11.2020 under Sections 323/324/341/506/148/149 of

IPC, 1860 (offence under Section 326 IPC added later on) registered at Police

Station Sadar Ahmedgarh, District Sangrur (Annexure P-1).

2. Learned counsel for the petitioners submits that the present case is

cross-case of above mentioned FIR No.193 dated 03.11.2020 wherein petition

i.e. CRM-M-5687-2024 was filed for quashing of the FIR on the basis of

compromise and parties in both these cases is same and today both the cases

are listed together. He further submits that the instant case may also be

disposed of in the same terms of petition bearing CRM-M-5687-2024.

3. Status report dated 08.09.2024 by way of affidavit of Mr.

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Neutral Citation No:=2024:PHHC:118886

Manavjit Singh Sidhu, Deputy Superintendent of Police, Sub Division

Ahmedgarh, District Malerkotla has been filed on behalf of the respondent-

State, which is taken on record. Copy has been supplied to the counsel for the

petitioner. In para No.13 of the status report it has been mentioned that accused

in the present case have filed a petition i.e. CRM-M-5687-2024 for quashing

of main case FIR No.193 dated 03.11.2020 on the basis of compromise and

statement of the parties regarding compromise has also been recorded before

the trial Court and now the case is pending adjudication before this Court.

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 cross-case/DDR No.42 dated 07.06.2022

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Neutral Citation No:=2024:PHHC:118886

(Annexure P-3) under Sections 323/341/148/149 of IPC, PS Sadar Ahmedgarh,

District Malerkotla in FIR No.193 dated 03.11.2020 under Sections

323/324/341/506/148/149 of IPC, 1860 (offence under Section 326 IPC added

later on) registered at Police Station Sadar Ahmedgarh, District Sangrur

(Annexure P-1) and all subsequent proceedings arising therefrom are quashed

qua the petitioners on the basis of compromise.

                                                           (GURBIR SINGH)
09.09.2024                                                     JUDGE
Parveen kumar


                  Whether speaking/reasoned :Yes/No
                  Whether reportable        :Yes/No




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