IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No. 28484 of 2011 (O&M) Date of Decision: March 22, 2013 [ENTITY] and others Petitioners Versus [ENTITY] and others Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioners. Ms. [ENTITY], DAG, Punjab, for respondent No. 1. Mr. [ENTITY], Advocate, for Mr. [ENTITY], Advocate, for respondent Nos. 2 to 4. [ENTITY], J.
1. Prayer in this petition is for quashing of FIR No. 46, dated 27.5.2011, under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] read with [SECTION], [ACT], registered at Police Station, Kulgarhi, District Ferozepur, and the consequential proceedings arising therefrom, on the basis of compromise.
2. Vide order dated 24.2.2012, this Court had directed the affected parties to appear before the learned Trial Court for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send a detailed report in that regard to this Court.
3. In compliance of the above, respondent Nos. 2 to 4, namely, [ENTITY], [ENTITY] and [ENTITY], respectively, (injured persons) did appear before the learned Court below and got recorded their respective statements with regard to the compromise. Respondent No. 2-complainant, [ENTITY], stated that the impugned FIR was registered at his behest against the petitioners; they were residents of the same village; the Panchayat of their village had got effected the compromise; the statement suffered by him was without any inducement, threat or promise etc.; and that he did not want to take any action against [ENTITY] etc. [ENTITY] and [ENTITY], also suffered similar statements. The copies of their statements have been received from the learned Trial Court. The report received from the said Court reveals that the compromise so effected between the private parties was without any inducement, threat or promise.
4. Learned counsel for the petitioners submits that on account of a dispute over a passage in the village, the quarrel had taken place between both the factions. He further submits that better sense has prevailed and due to intervention of the respectable and Panchayat of the village, the private parties have sorted out their grievances and effected a compromise. He further submits that it is a case of version and cross-version. The petitioners' side had also received injuries in the same incident for which the complainant side is also facing the prosecution. He further submits that in view of the statements suffered by the aggrieved persons before the learned Court below, the chances of ultimate conviction and sentence are bleak, therefore, the pendency of the FIR and the proceedings emanating therefrom would be sheer abuse of the process of law. To buttress his submissions, he has placed reliance on the judgment of Hon'ble the Supreme Court in the case of [PRECEDENT] v. [ENTITY] and another, 2012 (4) RCR (Criminal) 543, and the judgment rendered by a 5-Judge Bench of this Court in the case of [PRECEDENT] and others v. [ENTITY] and another, 2007 (3) RCR (Criminal) 1052.
5. Learned counsel for the State on instructions from ASI [ENTITY] of Police Station, Kulgarhi, District Ferozepur, admits the factum of the compromise. He has gone through the copies of the statements suffered by the aggrieved persons and the report submitted by the learned Court below and has no objection if the impugned FIR and the consequential proceedings are quashed on the basis of the compromise.
6. Learned counsel for respondent Nos. 2 to 4 also admits the factum of the compromise and has no objection if the impugned FIR and the consequential proceedings are quashed. He further submits that both the parties have effected a compromise and now they are living happily.
7. Heard.
8. It is a case of version and cross-version. The present criminal litigation has arisen out of a dispute over a passage in the village. Due to intervention of the respectable and Panchayat of their village, the private parties have sorted out their disputes and effected the compromise in both the cases. The statements of the injured/aggrieved persons have already been recorded by the learned Court below. The report received from the learned Judicial Magistrate Ist Class, Ferozepur, reveals that the compromise so effected was voluntary one and without any pressure or coercion. Learned counsel for the State as well as the learned counsel for respondent Nos. 2 to 4, have also admitted the factum of the compromise and have no objection if the impugned FIR and the consequential proceedings emanating therefrom are quashed, on the basis of the compromise. The pendency of the impugned FIR and the consequential proceedings would be sheer abuse of the process of law since the chances of ultimate conviction and sentence are bleak.
9. As a sequel to the above discussion and keeping in view the factum of the compromise effected between the private parties as well as the ratio of the judgments rendered in the cases of [PRECEDENT] (supra) and [PRECEDENT] (supra), this petition is allowed and FIR No. 46, dated 27.5.2011, under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] read with [SECTION], [ACT], registered at Police Station, Kulgarhi, District Ferozepur, and the consequential proceedings arising therefrom are hereby quashed.
([ENTITY]) March 22, 2013 JUDGE [ENTITY]