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2021 Supreme(P&H) 266
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudip Ahluwalia, J.
Shamsher Singh & Ors. - Appellant
Versus
State Of Punjab & Anr. - Respondent
Criminal Miscellaneous (M) No. 43687 of 2020
Decided On : 22-01-2021
Varinder Basa, Advocate, B.S. Sewak, Advocate, Yaseen Sethi, Advocate
Quashing of criminal proceedings based on a genuine compromise reached between the parties.
Headnote:
Compromise - Quashing of Criminal Proceedings - The court allowed the quashing of criminal proceedings based on the genuine compromise reached between the parties, in line with the principles established in the cases of Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab.
Fact of the Case:
The accused persons sought the quashing of the FIR and subsequent proceedings based on a compromise reached with the complainant, which was found to be genuine by the Judicial Magistrate.
Finding of the Court:
The court found that the compromise between the parties was genuine and in accordance with the decision of the Hon'ble Supreme Court in previous cases.
Issues: Quashing of criminal proceedings based on compromise
Ratio Decidendi: The court relied on the genuineness of the compromise and the principles established in the cases of Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab to allow the quashing of the criminal proceedings.
Final Decision: The petition to quash the FIR and consequential proceedings was allowed by the court.
JUDGMENT
Sudip Ahluwalia, J. - In this petition, the petitioners, who are the accused persons in F.I.R No.079, dated 28.06.2019 under Sections 323, 324, 326 of the Indian Penal Code, registered at Police Station Sadar Batala, District Gurdaspur (Annexure P-1), have prayed for quashing of F.I.R. with all subsequent proceedings pending therefrom, on the basis of compromise.
2. Now the complainant has arrived at a settlement with the accused persons vide Compromise Deed (Annexure P-2), which is duly signed by him. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Ld. Judicial Magistrate, 1st Class, Batala vide report dated 12.01.2021 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.
3. Respondent No.2 is represented by his counsel who does not dispute the factum of compromise.
4. In view of the report of the Ld. Judicial Magistrate 1st Class, Batala and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", (2012) 4 RCR(Cri) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the accused persons.
5. In the circumstances, the present petition is allowed. F.I.R No.079, dated 28.06.2019 under Sections 323, 324, 326 of the Indian Penal Code, registered at Police Station Sadar Batala, District Gurdaspur (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the present petitioners.
