A single judge quashed an FIR and subsequent proceedings in a criminal compromise case, relying on the Supreme Court in Gian Singh to hold that prosecution becomes futile when disputes are amicably settled.
FIR No.37 dated 13.3.2016 and all subsequent proceedings were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-26062 of 2016
.....
Date of decision:9.11.2016
Jasbir Singh alias Jassi
.....Petitioner
v.
State of Punjab and others
.....Respondents
Coram: Hon'ble Mr. Justice Inderjit Singh
.....
Present: Mr. Birdavinder Singh, Advocate for Mr. J.S. Moudgill, Advocate the petitioner.
Mr. P.S. Paul, Deputy Advocate General, Punjab for the respondent-State.
Mr. Amit Jain, Advocate for complainant-respondents No.2 and 3.
Inderjit Singh, J.
This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.37 dated 13.3.2016 (Annexure-P.1) registered for the offences under Sections 323, 341, 506, 427, 148 and 149 IPC at Police Station Chajjli, District Sangrur and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).
The FIR has been registered on the statement of complainantJugraj Singh on the allegations that the accused-petitioners attacked him and respondent No.3 and inflicted injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.
Harpal Singh Parmar 2016.11.11 17:07 I attest to the accuracy and authenticity of this document Chandigarh
Cr. Misc. No.M-26062 of 2016
[2]
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, Sunam has sent his report dated 7.11.2016 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.
Learned Deputy Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the 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.
I have heard learned counsel for the petitioner as well as learned Deputy Advocate General, Punjab and learned counsel for complainant-respondents No.2 and 3 and have gone through the record.
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.
Therefore, keeping in view the fact that the matter has been
Harpal Singh Parmar 2016.11.11 17:07 I attest to the accuracy and authenticity of this document Chandigarh
Cr. Misc. No.M-26062 of 2016
[3]
amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.37 dated 13.3.2016 (Annexure-P.1) registered for the offences under Sections 323, 341, 506, 427, 148 and 149 IPC at Police Station Chajjli, District Sangrur and all subsequent proceedings arising out of the same are hereby quashed.
November 9, 2016. (Inderjit Singh) Judge
hsp NOTE: Whether speaking/reasoned: Yes Whether reportable: No
Harpal Singh Parmar 2016.11.11 17:07 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the High Court can quash the FIR under Section 482 Cr.P.C. upon the registration of a genuine compromise agreement between parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶29
Gian Singh v. State of Punjab, 2012 (4) RCR (Cr.) 543
2 provisions across 2 enactments
Jasbir Singh alias Jassi
State of Punjab
Inderjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
