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2021 Supreme(P&H) 291

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudip Ahluwalia, J.
Sahejdeep Singh Jaggi - Appellant
Versus
U.T., Chandigarh & Anr. - Respondent
Criminal Miscellaneous (M) No. 38131 of 2019
Decided On : 07-01-2021

Advocates Appeared:
H.S. Randhawa, Advocate, Preetinder S Ahluwalia, Advocate, Parveen Chauhan, Advocate, Shaurya Puri, Advocate

The genuineness of the compromise and its acceptance by the complainant can lead to the quashing of criminal proceedings, in line with relevant Supreme Court decisions.

Headnote:

Compromise - Quashing of F.I.R - The court allowed the quashing of the F.I.R and subsequent proceedings based on the genuine compromise reached between the parties, in line with the decisions of the Hon'ble Supreme Court in 'Gian Singh Vs. State of Punjab' and 'Narinder Singh and Others Vs. State of Punjab'.

Fact of the Case:

The petitioner sought the quashing of the F.I.R 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, considering the genuine compromise and the decisions of the Hon'ble Supreme Court, allowed the petition and quashed the F.I.R and consequential proceedings.

Issues: Quashing of F.I.R and subsequent proceedings based on compromise

Ratio Decidendi: The court relied on the genuineness of the compromise and the decisions of the Hon'ble Supreme Court in similar cases to allow the quashing of the F.I.R and consequential proceedings.

Final Decision: The present petition is allowed, and the F.I.R and subsequent proceedings are quashed based on the genuine compromise reached between the parties.

JUDGMENT

Sudip Ahluwalia, J. - In this petition, the petitioner, who is the accused in F.I.R No.259, dated 20.08.2019, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Central Sector-17, Chandigarh (Annexure P-1), has 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 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 Additional Chief Judicial Magistrate, Chandigarh, vide report dated 05.11.2020, 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, Chandigarh, 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 petitioner/accused.

5. In the circumstances, the present petition is allowed. F.I.R No.259, dated 20.08.2019, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Central Sector-17, Chandigarh (Annexure P-1), with all consequential proceedings arising therefrom, is hereby quashed qua the present petitioner.

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