Allowed

Sheetal Singh and Others v. State of Punjab and Another

Punjab & Haryana HC22 Dec 2014CRM-M/29404/2013

Case brief

AI extract

What is this about?

Single-judge Bench allowed two petitions seeking quashing of an FIR under Section 482 Cr.P.C. in a dispute where complainant and accused settled via compromise. Court quashed proceedings noting amicable settlement rendered prosecution futile.

What did the court decide?

FIR No.52 dated 20.3.2008 registered for offences under Sections 323, 324, 326 and 34 IPC and all subsequent proceedings arising therefrom were quashed.

Sheetal Singh and Others Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2014)

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In the High Court of Punjab and Haryana at Chandigarh

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Criminal Misc. No.36671 of 2014 and Criminal Misc. No.M-29404 of 2013 (O&M)

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.....

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Date of decision:22.12.2014

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Sheetal Singh and others

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.....Petitioners

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State of Punjab and others

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.....Respondents

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Coram: Hon'ble Mr. Justice Inderjit Singh

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.....

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Present: Mr. Karan Chaudhary, Advocate for the petitioners.

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Mr. Gurinderjit Singh, Deputy Advocate General, Punjab for the respondent-State.

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Mr. Avinash Mandla, Advocate for respondent Nos.2 and 3.

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Inderjit Singh, J.

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Cr. Misc. No.36671 of 2014:

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For the reasons mentioned in the application, which is supported by an affidavit, the same is allowed subject to all just exceptions and Jagir Singh son of Charan Singh is impleaded as respondent No.3 in this petition.

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Cr. Misc. No.M-29404 of 2013 (O&M):

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This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.52 dated 20.3.2008 (Annexure-P.1)

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HARPAL SINGH PARMAR 2014.12.24 15:34 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-29404 of 2013 (O&M) [2]

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registered for the offences under Sections 323, 324, 326 and 34 IPC at Police Station Dhariwal, District Gurdaspur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

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The FIR has been registered on the statement of complainantKanwaljit Singh on the allegations that the accused-petitioners armed with weapons attacked him and inflicted injuries. His grand-father Jagir Singh came forward to save him and Balwinder Singh gave `Kirpan' blow to his grand-father, which hit him on his head. They raised alarm and many people gathered there and the accused ran away with their respective weapons. The motive for causing injuries was that they had carved out a private passage in the land for approaching their old house and now they had closed the said passage for the last six months due to the construction of new house. Now with intervention of family members, relatives, friends and well wishers, both the parties have agreed to settle their differences, disputes and have resolved to put an end to all the proceedings. Compromise dated 20.7.2013 has been executed between them in this regard.

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Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Gurdaspur has sent her report dated 8.7.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Kanwaljit Singh has stated that he

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HARPAL SINGH PARMAR 2014.12.24 15:34 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-29404 of 2013 (O&M) [3]

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has compromised his dispute with Sheetal Singh etc. and entered into compromise which is voluntary, without any pressure and he has no objection if the FIR is quashed.

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Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainantrespondents No.2 and 3 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

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I have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondents No.2 and 3 and have gone through the record.

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In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

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The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, has held that the inherent jurisdiction of this Court under Section 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like

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HARPAL SINGH PARMAR 2014.12.24 15:34 I attest to the accuracy and authenticity of this document Chandigarh

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Cr. Misc. No.M-29404 of 2013 (O&M) [4]

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transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the matter has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No.52 dated 20.3.2008 (Annexure-P.1) registered for the offences under Sections 323, 324, 326 and 34 IPC at Police Station Dhariwal, District Gurdaspur and all subsequent proceedings arising out of the same are hereby quashed.

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December 22, 2014. (Inderjit Singh) Judge

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hsp

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HARPAL SINGH PARMAR 2014.12.24 15:34 I attest to the accuracy and authenticity of this document Chandigarh

Sheetal Singh and Others v. State of Punjab and Another

Case brief

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Sheetal Singh and Others v. State of Punjab and Another

Case brief

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