Judgment:
CRM-M-40879-2013 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRM-M-40879-2013 Date of decision : 24.02.2014 Jagdev Singh and others ..Petitioners Versus State of Punjab and others ..Respondents CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: None for the petitioneRs.REKHA MITTAL, J.(ORAL) The petitioners have prayed for quashing of FIR No.183 dated 17.10.2009, for offence under Sections 447, 427 of the Indian Penal Code (in short “IPC”.) registered at Police Station Sidhwan, Bet, District Ludhiana on the basis of compromise dated 04.11.2013 (Annexure P2) effected between the parties.
The parties were directed to appear before the trial Court/Illaqa Magistrate on 09.01.2014 to get their statements recorded with regard to genuineness of compromise.
A report has been submitted by the Judicial Magistrate Ist Class, Jagraon, wherein it has been reported that the statements of the petitioners and complainant have been recorded and the statements made by the parties in the Court reveal that they have voluntarily entered into a compromise with an intention to live in peace and harmony.
Mr.Amarbir Singh Salar, Advocate has put in appearance on behalf of respondent Nos.2 & 3 (complainant).He has conceded to the fact Davinder Kumar 2014.02.26 16:41 I attest to the accuracy and integrity of this document CRM-M-40879-2013 2 that parties have settled their dispute by way of compromise and the complainant has got no objection if the aforesaid FIR and proceedings emanating therefrom are ordered to be quashed.
Mr.Neeraj Sharma, AAG, Punjab has put in appearance on behalf of respondent No.1 and not disputed correctness of assertions of the petitioners and respondent Nos.2 & 3 that the matter has been settled by way of compromise between the parties.
I have heard counsel for the parties and perused the case file.
There is nothing on record to doubt correctness of the compromise effected between the parties, whereby they have decided to settle their dispute with an intention to live in peace and harmony.
The present case falls in the category of cases, which can be allowed to be settled by way of compromise, in view of the decision of Hon'ble the Supreme Court of India in Gian Singh v.
State of Punjab and another, 2012(4) R.C.R.(Criminal) 543.
In view of what has been discussed hereinabove, the petition is allowed and FIR No.183 dated 17.10.2009, for offence under Sections 447, 427 IPC registered at Police Station Sidhwan, Bet, District Ludhiana and proceedings emanating therefrom are ordered to be quashed, qua the petitioneRs.(REKHA MITTAL) JUDGE February 24, 2014.
Davinder Kumar Davinder Kumar 2014.02.26 16:41 I attest to the accuracy and integrity of this document