Criminal Misc. No. M-13641 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-13641 of 2011 Date of Decision: 3.10.2011 Gurpreet Singh alias Gopi ... Petitioner Versus State of Punjab and Another ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. S.S. Goraya, Advocate for the petitioner. Mr. J.S. Bhullar, Assistant Advocate General, Punjab, for respondent No.1. Mr. Vikas Gupta, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C seeking quashing of the impugned FIR No. 73 dated 30.12.2008, registered at Police Station Purana Shalla, Tehsil and District Gurdaspur, under Sections 382 and 34 IPC along with all the subsequent proceedings. The quashing of the impugned FIR has been sought on the basis of a compromise dated 15.4.2011 (Annexure P2) arrived at between the parties. On 11.7.2011, a Co-ordinate Bench of this Court, has passed the following order:- Criminal Misc. No. M-13641 of 2011 2 “...Adjourned to 3.10.2011. In the meantime, parties are directed to present themselves before the trial Court on 25.8.2011 for recording their statements with regard to the compromise. The trial Court is directed to record the statement of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The trial Court is further directed to send a report along with statements of the parties with regard to the validity or otherwise of the compromise effected between the parties or not before the next date of hearing...” In pursuance thereof, Judicial Magistrate Ist Class, Gurdaspur, has submitted his report, wherein he has stated as under:- “...Today, complainant Sarabjit Singh is present. Separate statement of complainant Sarabjit Singh son of Kishan Singh, resident of village Rangar Pindi recorded wherein he stated that a compromise has been effected between him and the accused. The FIR No. 73 dated 30.12.2008 Police Station Purana Shalla was registered on his complaint but now, with the intervention of the respectable he does not want to proceed further with the case as the matter has been compromised. Accused Gurpreet son of Lakhwinder Singh, resident of Criminal Misc. No. M-13641 of 2011 3 village Bhulle Chak also made separate statement that a compromise has been effected between him and complainant Sarabjit Singh. I have gone through the statements given by the complainant Sarabjit Singh and accused Gurpreet and found that the parties have entered into a compromise without any threat, or undue influence rather, they have entered the compromise voluntarily. They have also furnished affidavits that no other case or complaint is pending against each other. I am sending herewith a copy of statements of the parties as well as affidavits as desired by your goodself...” Learned counsel for the petitioner and complainant/respondent No.2 have jointly submitted that since the parties have decided to resolve their dispute amicably in order to promote everlasting peace, amity and harmony, this Court should quash the impugned FIR. It is further submitted that the fact of compromise has already been vouchsafe by the Judicial Magistrate Ist Class, Gurdaspur. Mr. Bhullar has submitted that endeavour of the State always is to ensure law and order and maintain cordial relations between the parties. After hearing learned counsel for the parties, this Court is of the view that the case of the petitioner is covered by the ratio of law as laid down in ‘Kulwinder Singh and others v. State of Punjab and another’, 2007 (3) RCR (Criminal) 1052, wherein it has been held that Criminal Misc. No. M-13641 of 2011 4 in the given circumstances, where the Court is satisfied that the compromise will reduce friction between the parties and bring a feud to an end, it should not stand in the way of the compromise arrived at between the parties. Taking into consideration the ratio of law as laid down in Kulwinder Singh's case (supra) and the report submitted by the Judicial Magistrate Ist Class, Gurdaspur, the present petition is accepted and the impugned FIR along with all subsequent proceedings, is quashed. (Kanwaljit Singh Ahluwalia) Judge October 3, 2011 “DK”