[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of Decision:-01.12.2016 [ENTITY] and others Petitioners Versus [ENTITY] and another Respondents CORAM:- HON'BLE MR. JUSTICE [ENTITY] Present:- Mr. [ENTITY], Advocate for the petitioners. Mr. [ENTITY], AAG Punjab. [ENTITY] J.(Oral)
Prayer in the present petition filed under Section 482 Cr.P.C. is for quashing of FIR No.457 dated 23.12.2011, under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and [SECTION] of the [ACT], registered at Police Station Civil Lines, District Amritsar City (but the challan was presented under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and [SECTION] of [ACT]) (Annexure P-1) along with all consequential proceedings arising therefrom on the basis of compromise (Annexure P-2).
Learned counsel for the petitioners states that initially the FIR 1 of 4 was registered under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and [SECTION] of the [ACT] but during investigation, offence under [SECTION] [ACT] was deleted. Thus, the quashing of FIR in this petition confines only under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and [SECTION] of [ACT].
Vide order dated 17.8.2016, this Court had directed the parties to appear before the Illaqa Magistrate/trial Court to get their statements recorded and the learned Magistrate was directed to forward a report about the genuineness of the compromise to this Court.
In compliance of the order dated 17.8.2016, the parties have appeared before the learned Magistrate on 24.8.2016 for getting their statements recorded.
The report dated 07.9.2016 received from the learned JMIC, Amritsar, reveals that the compromise has been effected between the parties without any undue pressure.
The statement made by complainant [ENTITY] before the JMIC, Amritsar, on 24.8.2016 reads as under :-
"Stated that an FIR No.457 dated 23.12.2011, under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] of [ACT] and [SECTION] of [ACT], P.S. Civil Line, District Amritsar City but the challan was presented under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] of [ACT] and [SECTION], [SECTION], [SECTION], [SECTION] of [ACT], has been got registered against [ENTITY], [ENTITY], [ENTITY] and [ENTITY] on my statement. Now a compromise Ex.C1 has been entered into between me
2 of 4 and the accused persons with the intervention of respectables of the village. On the basis of the compromise, accused mentioned above have filed a petition [CASE NUMBER] before Hon'ble Punjab & Haryana High Court for quashing the aforementioned FIR. No pressure has been asserted by anyone upon me in this regard. The compromise is genuine and voluntary and with my free will. I have no objection if the said FIR No.457 dated 23.12.2011 alongwith ancillary proceedings be quashed."
Learned State counsel does not dispute the aforesaid factual position, rather admits the factum of compromise effected between the parties.
Heard.
Since the parties have entered into a compromise and learned Magistrate has recorded their statements followed by his report, continuation of the trial arising out from the impugned FIR and consequential proceedings would be sheer abuse of the process of law since chances of conviction are bleak.
Keeping in view the factum of compromise effected between the parties and the law laid down by this Court in the case of Kulwinder Singh and others vs. [ENTITY] and another 2007(3) RCR (Crl.) 1052 (P & H) and as approved by Hon'ble Supreme Court in Gian Singh vs. [ENTITY] and others, (2012)10 SCC 303, this petition is allowed and FIR No.457 dated 23.12.2011, under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and [SECTION] of [ACT], registered at Police Station 3 of 4 Civil Lines, District Amritsar City and the consequential proceedings arising therefrom are hereby quashed qua petitioners on the basis of compromise.
December 01, 2016 ( [ENTITY] ) [ENTITY] JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No 4 of 4