Judgment:
Criminal Misc.No.M-20976 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-20976 of 2013 Date of Decision: March 07, 2014 Navdeep Singh and another .......Petitioners Versus State of Punjab and another .......Respondents CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA Present: Present Mr.AS Barnala, Advocate for the petitioneRs.Mr.KS Sidhu, Deputy Advocate General, Punjab.
TEJINDER SINGH DHINDSA, J.
The instant petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.90 dated 29.4.2013, under Sections 307/201/148/149 of the Indian Penal Code, registered at Police Station City Barnala on the basis of compromise.
Since quashing of the impugned FIR was sought on the basis of compromise, this Court while issuing notice of motion on 4.7.2013 had directed the parties to appear before the concerned Illaqa Magistrate for recording of the statement and a report as regards validity of the compromise had been sought.
In compliance of the directions issued by this court, a Malik Sushama Rani 2014.03.12 14:17 I attest to the accuracy and integrity of this document Criminal Misc.No.M-20976 of 2013 2 report dated 26.7.2013 along with statements recorded of the accused and complainant party has been placed on record.
A perusal of the report shows that the trial Court has opined that the compromise has been effected between the parties without any pressure or coercion.
Learned counsel for the petitioner has been heard.
A Full Bench of this Court in Kulwinder Singh and others v.
State of Punjab and another, 2007(3) RCR (Criminal) 1052 has held that this Court in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure can bring to an end the criminal proceedings based on compromise even with regard to offences which are not compoundable.
The dispute herein has occurred between juveniles and apparently the motive was on account of one student having outscored the other in the couRs.of tuition tests.
Now with the intervention of elders and other respectables of the village, the matter has been amicably resolved and a conscious decision has been taken by the parties to continue their life in peace and harmony.
Even the statements of the parties to such effect have been duly recorded by the Illaqa Magistrate concerned.
In the totality of circumstances noticed hereinabove, it would be a fit case for this Court to intervene and to bring to an end the criminal proceedings that stood initiated in the light of registration of the impugned FIR.
Accordingly, the present petition is allowed.
FIR No.90 dated 29.4.2013, under Sections 307/201/148/149 of the Indian Penal, registered at Police Station City Barnala and all Malik Sushama Rani 2014.03.12 14:17 I attest to the accuracy and integrity of this document Criminal Misc.No.M-20976 of 2013 3 proceedings emanating therefrom would stand quashed.
Petition allowed.
( TEJINDER SINGH DHINDSA ) March 07, 2014 JUDGE Sr.Malik Sushama Rani 2014.03.12 14:17 I attest to the accuracy and integrity of this document