[CASE NUMBER] 1 251 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of Decision: 23.02.2018 [ENTITY] Petitioner Vs [ENTITY] and another Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] Present:Mr. [ENTITY], Advocate for the petitioners. Mr. [ENTITY], DAG, Punjab. Mr. [ENTITY], Advocate for Mr. [ENTITY], Advocate for respondent No.2. [ENTITY], J. (Oral)
Prayer in this petition is for quashing of FIR No.135 dated 06.09.2012 registered under [SECTION], [SECTION], [SECTION] [ACT] at Police Station Dasuya, District Hoshiarpur as well as all the subsequent proceedings arising therefrom on the basis of compromise.
Vide order dated 11.08.2016, parties were directed to appear before Illaqa Magistrate and the Magistrate was directed 1 of 3 to record their statements and submit its report qua the genuineness of the compromise effected between the parties.
In pursuance of said order, Sub Divisional Judicial Magistrate, Dasuya after recording statements of the parties, has reported that the compromise effected between the parties is genuine, voluntary and without any undue influence and coercion.
This Court is of the opinion that in view of compromise between the parties, chances of conviction of the accused are remote and there is minimal chance of the witnesses coming forward to depose in support of prosecution version. In view of remote chances of conviction, it would be appropriate to exercise discretionary power of this Court under [SECTION] [ACT] to put an end to the controversy for all times to come. The compromise would facilitate both the parties to live in peace and to maintain public tranquility and offence in question is personal in nature and does not involve any heinous and serious offence of any mental depravity, nor it involves any offence covered under [ACT]. Therefore, when possibility of conviction is remote and bleak, continuation of criminal proceedings would put the accused to oppression and prejudice. In such a situation the exercise of power to quash the proceedings would be in consonance with the 2 of 3 provisions of law to meet ends of justice and to prevent unnecessary continuation of proceedings which may ultimately result in some unnecessary vagaries of criminal trial.
Learned State counsel, however, objects to the aforesaid course, but in order to prevent unnecessary continuation of criminal proceedings on the ground that there are bleak chances of conviction in the case, this Court is of the opinion that it would be in fitness of things to quash the proceedings on the basis of compromise.
The compromise in question is fully in consonance with the guidelines framed in Kulwinder Singh and others vs. [ENTITY], 2007 (3) RCR (Criminal) 1052 and Gian Singh vs. [ENTITY] and another 2012 (4) RCR (Crl.)
543. Resultantly, FIR No.135 dated 06.09.2012 registered under [SECTION], [SECTION], [SECTION] [ACT] at Police Station Dasuya, District Hoshiarpur and all the subsequent proceedings arising therefrom, are quashed.
Petition stands disposed of.
February 23, 2018 ([ENTITY]) Prince JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No 3 of 3