CRM-M-38334-2013 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38334-2013 (O&M) Date of Decision: April 7, 2014 [ENTITY] and others Petitioners Versus [ENTITY] and another Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Ms. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], DAG, Punjab, for respondent No. 1. Ms. [ENTITY], Advocate, for respondent No. 2. [ENTITY], J.
1. The present petition under [SECTION], [ACT], has been filed by the petitioners, namely, [ENTITY], [ENTITY], [ENTITY] and [ENTITY], for quashing of FIR No. 89, dated 17.10.2012, under [SECTION], [SECTION] and [SECTION] read with [SECTION], [ACT], registered at Police Station, Tarsikka, District Amritsar, and all the consequential proceedings arising therefrom, on the basis of the compromise.
2. Vide order dated 14.11.2013, the affected parties were directed to appear on 11.12.2013 before the learned Chief Judicial Magistrate/Area Magistrate for getting their respective [ENTITY] 2014.04.21 10:33 I attest to the accuracy of this order statements recorded with regard to the compromise. The said Court was also directed to send the report to this Court with regard to the said effect.
3. In compliance of the above, respondent No. 2- complainant, [ENTITY], as well as all the four petitioners did appear before learned Judicial Magistrate Ist Class, [ENTITY], and got recorded their respective statements with regard to the compromise. The copies of the statements as well as the report from the learned Judicial Magistrate Ist Class, [ENTITY], has been received. Respondent No. 2-complainant, [ENTITY], suffered the following statement:-
" The present case has been registered on my statement against [ENTITY], [ENTITY], [ENTITY] and [ENTITY]. Now the matter has been compromised with us with the intervention of respectable persons of the village. I do not want to take further action against the accused persons and we want to live peacefully. I have made this statement out of free will and without any threat or pressure."
4. Similar statements were suffered by the petitioners- accused. The operative part of the report received from the learned Judicial Magistrate Ist Class, [ENTITY], is as under:-
" I have the honour to submit that as per the directions of Hon'ble High Court, parties appeared in [ENTITY] 2014.04.21 10:33 I attest to the accuracy of this order the court of undersigned on 11.12.2013 for recording statements. In view of the said order of Hon'ble High Court, statements of parties were recorded by the undersigned in which they stated to have compromised the matter voluntarily and with the intervention of respectables. After considering the statements of the parties, the undersigned is of the considered opinion that the parties have arrived at compromise without any undue influence or pressure. Copies of documents/statements are being sent herewith. Hence this, report as per the directions of the Hon'ble High Court."
5. Learned counsel for the petitioners submits that the petitioners and respondent No. 2-complainant are neighbours and on account of some previous litigation going on between the parties with regard to a land dispute, the present occurrence had taken place; due to intervention of respectable and elderly people of the society, both the private factions have resolved all their disputes and effected a compromise; all the terms and conditions of the compromise have been materialized; and that both the private factions are neighbours and having common interests, therefore, the compromise so effected between them would bring peace and improvement in their relations. She further contends that in view of the compromise so effected between the parties, continuation of the impugned FIR and all the consequential proceedings arising therefrom would be a sheer abuse of the process of law since the chances of ultimate [ENTITY] 2014.04.21 10:33 I attest to the accuracy of this order conviction and sentence of the petitioners-accused are bleak. In support of her contentions, she has placed reliance on the judgment of Hon'ble the Supreme Court delivered in the case of [PRECEDENT] v. [ENTITY] and another, 2012 (4) R.C.R. (Criminal) 543 and that of a 5-Judge Bench of this Court in the case of [PRECEDENT] and others v. [ENTITY] and another, 2007 (3) RCR (Criminal) 1052.
6. Learned counsel for the State on instructions from ASI [ENTITY] of Police Station, Tarsikka, District Amritsar, very fairly concedes that the petitioners as well as respondent- complainant are neighbours and due to intervention of the respectable and elderly people of the society, they have resolved all their disputes and now both the factions are living peacefully. He further submits that he has no objection if the impugned FIR and all the consequential proceedings emanating therefrom are quashed on the basis of the compromise.
7. Learned counsel for respondent No. 2-complainant has also toed the lines of the learned counsel for the State and has no objection if the impugned FIR and the consequential proceedings are quashed. She further concedes that respondent No. 2- complainant did appear before the learned Court below and got recorded his statement with regard to the compromise. She also states that she has instructions from respondent No. 2- complainant to suffer the statement that he (complainant) has no [ENTITY] 2014.04.21 10:33 I attest to the accuracy of this order objection if the proceedings emanating out of the impugned FIR are quashed.
8. I have heard learned counsel for the parties and with their able assistance gone through the material available on record.
9. The quarrel in the present case had taken place on account of some land dispute and previous litigation going on between the petitioners and respondent No. 2-complainant. Both the private factions are neighours. They have social bonds with each other. Due to intervention of the respectable and elderly people of the society, they have resolved all their disputes and effected a compromise. All the counsel representing the parties are ad idem that the compromise so effected would improve the relations of respondent No. 2-complainant with the petitioners and quashing of the impugned FIR would bring peace not only amongst them, but in the whole village to which the parties belong. The report received from the learned Judicial Magistrate Ist Class, [ENTITY], is very clear that the compromise so effected between the private parties is without any undue influence or pressure. There is a force in the statement of the learned counsel for the petitioners that in view of the compromise so effected between the private factions, the pendency of the impugned FIR and the consequential proceedings would be sheer abuse of the process of law since the [ENTITY] 2014.04.21 10:33 I attest to the accuracy of this order chances of ultimate conviction and sentence of the petitioners are bleak.
10. In view of the totality of the facts and circumstances of the case and the ratio of the judgment delivered by Hon'ble the Supreme Court in the matter of [PRECEDENT] (supra) and a larger Bench judgment of this Court in the matter of [PRECEDENT] (supra), this petition is accepted and FIR No. 89, dated 17.10.2012, under [SECTION], [SECTION] and [SECTION] read with [SECTION], [ACT], registered at Police Station, Tarsikka, District Amritsar, and the consequential proceedings arising therefrom are hereby quashed.
([ENTITY]) April 7, 2014 JUDGE [ENTITY] 2014.04.21 10:33 I attest to the accuracy of this order