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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudip Ahluwalia, J.
Hardeep Singh & Anr. - Appellant
Versus
State Of Punjab & Ors. - Respondent
Criminal Miscellaneous (M) No. 11210 of 2020
Decided On : 08-01-2021
Compromise - Quashing of Criminal Proceedings - The court allowed the petition to quash the criminal proceedings based on the genuine compromise arrived at between the parties, as per the decisions of the Hon'ble Supreme Court in 'Gian Singh Vs. State of Punjab and another' and 'Narinder Singh and Others Vs. State of Punjab and Another'.
Fact of the Case:
The accused persons in a criminal case under various sections of the Indian Penal Code and Arms Act sought quashing of the FIR and subsequent proceedings based on a compromise reached with the complainants.
Finding of the Court:
The court found that the compromise between the parties was genuine and without any pressure, as confirmed by the report of the Judicial Magistrate First Class, Amritsar. The court also noted that the complainants themselves had compromised the dispute with the accused persons.
Issues: The main issue was whether the criminal proceedings should be quashed based on the compromise between the parties.
Ratio Decidendi: The court relied on the decisions of the Hon'ble Supreme Court in 'Gian Singh Vs. State of Punjab and another' and 'Narinder Singh and Others Vs. State of Punjab and Another' to support its decision to quash the criminal proceedings due to the genuine compromise between the parties.
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 F.I.R No.0117, dated 09.05.2016, under Sections 323, 336, 295, 506, 148 & 149 of the Indian Penal Code and Sections 25 & 27 of the Arms Act, registered at Police Station Sultanwind, District Amritsar (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 complainants have arrived at a settlement with the accused persons vide Compromise/Affidavits (Annexure P-2), which is duly signed by them. 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 Judicial Magistrate First Class, Amritsar, vide report dated 16.12.2020, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.
3. Respondent Nos.2 & 3 are represented by their Counsel through Video Conferencing, who does not dispute the compromise.
4. In view of the report of the Judicial Magistrate First Class, Amritsar, 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 complainants have themselves compromised the dispute with the petitioners/accused persons.
5. In the circumstances, the present petition is allowed. F.I.R No.0117, dated 09.05.2016, under Sections 323, 336, 295, 506, 148 & 149 of the Indian Penal Code and Sections 25 & 27 of the Arms Act, registered at Police Station Sultanwind, District Amritsar (Annexure P-1), with all consequential proceedings arising therefrom, is hereby quashed qua the present petitioners.
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