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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Deepak Gupta, J.
Ranjit Singh - Petitioner - Appellant
Versus
State of Punjab and Another - Respondents - Respondent
CRM-M-42478 of 2019
Decided On : 11-07-2023
Compromise - Quashing of FIR - The court allowed the petition for quashing the FIR and subsequent proceedings based on a compromise between the parties, following the principles laid down in previous judgments.
Fact of the Case:
The petition was filed to quash an FIR and subsequent proceedings based on a compromise between the parties.
Finding of the Court:
The court allowed the petition based on the compromise between the parties, as recorded by the learned Magistrate, and following the principles laid down in previous judgments.
Issues: Quashing of FIR and subsequent proceedings based on compromise.
Ratio Decidendi: The court relied on the principles laid down in previous judgments to allow the quashing of the FIR and subsequent proceedings based on the compromise between the parties.
Final Decision: The petition was allowed, and the FIR and subsequent proceedings were quashed based on the compromise between the parties.
DEEPAK GUPTA, J.
1. Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.217 dated 28.10.2005 registered under Sections 307, 323, 148, 149 of the IPC (Section 325 of the IPC added later on) and Section 25/54/59A of Arms Act registered at Police Station Phillaur, District Jallandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 15.05.2012 (Annexure P-2).
2. This Court vide order dated 05.12.2022 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before Learned Sub Divisional Judicial Magistrate and got their statements recorded. On the basis of the statements so recorded, Learned Magistrate has submitted report dated 01.02.2023 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Due to heavy downpour in tricity and the resolution of the Bar to the effect that there will be no work, no one has appeared today on behalf of parties.
5. Since statement of parties with regard to compromise have already been recorded as per report received from Court concerned, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R.
6. 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 F.I.R. No.217 dated 28.10.2005 registered under Sections 307, 323, 148, 149 of the IPC (Section 325 of the IPC added later on) and Section 25/54/59A of Arms Act registered at Police Station Phillaur, District Jallandhar and all subsequent proceedings arising therefrom on the basis of compromise dated 15.05.2012 (Annexure P-2), are quashed qua the petitioner.
Order accordingly.
The court can quash an FIR and subsequent proceedings based on a compromise between the parties, following established legal principles.
The court can quash F.I.R. and subsequent proceedings based on a genuine compromise between the parties, following established legal principles.
The court can quash criminal proceedings based on a genuine compromise between the parties, as per the decisions of the Hon'ble Supreme Court.
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