Judgment:
In the High Court of Punjab and Haryana at Chandigarh .....Criminal Misc.
No.M-2158 of 2014 ....Date of decision:29.4.2014 Dilbagh Singh and others .....Petitioners v.
State of Punjab and others .....Respondents ...Present: Mr.Rakesh Gupta, Advocate for the petitioneRs.Mr.K.S.Aulakh, Assistant Advocate General, Punjab for the respondent-State.
None for respondents No.2 to 5....Inderjit Singh, J.
This petition has been filed under Section 482 Cr.P.C.praying for quashing of FIR No.37 dated 30.7.2011 (Annexure-P.1) registered for the offences under Sections 324, 452, 148 and 149 IPC at Police Station Khem Karan, District Tarn Taran and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).The FIR has been registered on the statement of complainant- Dilbagh Singh son of Mangat Singh on the allegations that the accused- petitioners forcibly entered into his house and gave beatings to him and inflicted injuries with their respective weapons for his refusing to do work on daily basis for Dilbagh Singh son of Balbir Singh.
He raised alarm on which his uncle's son Pala Singh and other persons tried to save him.
The accused-petitioners also gave beatings and inflicted injuries with their Parmar Harpal Singh 2014.05.01 15:55 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-2158 of 2014 [2].weapons to respondents No.3 to 5, who tried to save the complainant.
Now with intervention of respectable persons and relatives of both the parties, the matter has been amicably compromised between the parties and both the parties are willing to put an end to their enmity and willing to live peacefully.
Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Tarn Taran for getting their statements recorded in support of the compromise.
After doing the needful, learned Chief Judicial Magistrate has sent her report dated 28.4.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.
Complainant Dilbagh Singh and respondents Chamkaur Singh, Sukhdev Singh and Pala Singh in their joint statement have stated that the matter has been compromised without any undue pressure and voluntarily and they have no objection if the FIR in question is quashed.
Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.
I have gone through the record and have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab.
Parmar Harpal Singh 2014.05.01 15:55 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-2158 of 2014 [3].In a decision, based on compromise, none of the parties is a loser.
Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society.
After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.
The Hon'ble Supreme Court in Gian Singh v.
State of Punjab and another, 2012 (4) RCR (Cr.) 543, has held that the inherent jurisdiction of this Court under Section 482 Cr.P.C.can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc.or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable.
Therefore, keeping in view the fact that the matter has been amicably settled and the law laid down in Gian Singh v.
State of Punjab and another (supra).this petition is allowed and FIR No.37 dated 30.7.2011 (Annexure-P.1) registered for the offences under Sections 324, 452, 148 and 149 IPC at Police Station Khem Karan, District Tarn Taran and all subsequent proceedings arising out of the same are hereby quashed.
April 29, 2014.
(Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2014.05.01 15:55 I attest to the accuracy and integrity of this document Chandigarh