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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudip Ahluwalia, J.
Balbir Kumar @ Kala & Ors. - Appellant
Versus
State Of Punjab & Anr. - Respondent
Criminal Miscellaneous (M) No. 29097 of 2020
Decided On : 15-01-2021
Compromise - Quashing of FIR - The court allowed the quashing of the FIR and subsequent proceedings based on the genuine compromise reached between the parties, in line with relevant Supreme Court decisions.
Fact of the Case:
The accused petitioned for the quashing of FIR and subsequent proceedings based on a compromise reached with the complainant, which was found to be genuine by the Additional Chief Judicial Magistrate.
Finding of the Court:
The court found that no useful purpose would be served by keeping the criminal proceedings pending, as the complainant had genuinely compromised the dispute with the accused.
Issues: The main issue was whether the FIR and subsequent proceedings should be quashed based on the compromise between the parties.
Ratio Decidendi: The court relied on the genuineness of the compromise and relevant Supreme Court decisions to allow the quashing of the FIR and subsequent proceedings.
Final Decision: The court allowed the petition and quashed the FIR and all consequential proceedings based on the genuine compromise between the parties.
JUDGMENT
Sudip Ahluwalia J. - In this petition, the petitioners, who are the accused persons in FIR No.48 dated 02.04.2020 under Sections 365/342/323/506/148/149/188 of the IPC registered at Police Station Sadar Jalandhar, District Police Commissionerate Jalandhar (Annexure P-1), have prayed for quashing of F.I.R. with all subsequent proceedings, on the basis of compromise.
2. With the intervention of respectables and elderly people of the society, the complainant has arrived at a settlement with the accused vide Compromise (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 Additional Chief Judicial Magistrate, Jalandhar, vide report dated 18.11.2020, 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 through Video Conferencing, who does not dispute the compromise.
4. In view of the report of the Additional Chief Judicial Magistrate, Jalandhar, and in view of the decisions 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 petitioners/accused persons.
5. In the circumstances, the present petition is allowed. FIR No.48 dated 02.04.2020 under Sections 365/342/323/506/148/149/188 of the IPC registered at Police Station Sadar Jalandhar, District Police Commissionerate Jalandhar (Annexure P-1), with all consequential proceedings arising therefrom, is hereby quashed qua the present petitioners.
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