[CASE NUMBER] 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 242 [CASE NUMBER] Date of decision: 02.02.2018 [ENTITY] and another PETITIONERS VERSUS [ENTITY] and another RESPONDENTS CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], Sr. Deputy Advocate General, Punjab, for the State. Ms. [ENTITY], Advocate, for respondent No. 2. [ENTITY], J. (ORAL)
Prayer in this petition is for quashing of FIR No. 201 dated 01.11.2015 (Annexure P-1) under [SECTION] [ACT] registered at Police Station City Sunam, District Sangrur and all consequential proceedings arising therefrom in the light of the compromise dated 23.06.2016 (Annexure P-2).
The case came up for hearing before this Court on 08.07.2016 when this Court had directed the parties to appear before the trial Court to get their statements recorded so that the trial Court could come to a conclusion with regard to the authenticity of the compromise, which has been entered into between the parties.
In compliance with the said order, report has been submitted by 1 of 3 the learned Sub-Divisional Judicial Magistrate, Sunam after recording the statements of the parties on 21.07.2016, according to which, the compromise, which has been entered into between the parties, is genuine and made with free consent, voluntarily, without any coercion, undue influence or fear.
Counsel for the petitioners and the counsel for the complainant submit that the complainant and the accused are neighbours and to settle the dispute between them with the help of the respectables of the locality and the Gram Panchayat, the matter has been amicably resolved and the settlement has been entered into, which is dated 23.06.2016 (Annexure P-2). Counsel for the complainant further states that the complainant has no objection, in case the present FIR is quashed along with all consequential proceedings as he does not have any further grudge against the petitioners, who are accused in the above-referred FIR.
Keeping in view the fact that the complainant and the accused are neighbours and have amicably resolved the dispute between them and with the resolution of the dispute, the parties would be able to reside together peacefully in the village especially when the elders and respectables of the village have intervened, the interest of justice would require the settlement of the matter and bringing an end to the dispute between the parties which would ultimately serve the purpose of the society where they live. Since the compromise has been entered into between the parties amicably without any coercion, influence or pressure, the prayer in the present petition is granted.
Keeping in view the ratio of the judgment of the Supreme Court in Narinder Singh vs. [ENTITY], 2014 (2) RCR (Criminal) 482 and 2 of 3 Full Bench judgment of this Court in Kulwinder Singh and others vs. [ENTITY] and another, 2007 (3) RCR (Criminal) 1052, the present petition is allowed. FIR No. 201 dated 01.11.2015 (Annexure P-1) under [SECTION] [ACT] registered at Police Station City Sunam, District Sangrur and all consequential proceedings arising therefrom are hereby quashed.
Februrary 02, 2018 ([ENTITY]) pj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 3 of 3