Gurpreet Sharma and Others Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1140015
CourtPunjab and Haryana High Court
Decided OnMay-12-2014
AppellantGurpreet Sharma and Others
RespondentState of Punjab and Another
Excerpt:
in the high court of punjab and haryana at chandigarh .....criminal misc. no.m-5017 of 2014 ....date of decision:12.5.2014 gurpreet sharma and others .....petitioners v. state of punjab and another .....respondents ...present: mr.rajesh bhatheja, advocate for the petitioners.mr.k.d.sachdeva, additional advocate general, punjab for the respondent-state. mr.sandeep sharma, advocate for complainant-respondent no.2....inderjit singh, j. this petition has been filed under section 482 cr.p.c.praying for quashing of fir no.36 dated 12.3.2010 (annexure-p.1) registered for the offences under sections 332, 323, 186, 353 and 506 ipc at police station city moga, district moga and all subsequent proceedings arising therefrom in view of the compromise. the fir has been registered on the statement of complainant- mandeep singh on the allegations that when the complainant stopped the boys from copying, then out of those 4/5 boys threatened him that if he would not allow them to copy and to do the paper, then they would kill him. at about 5.30 p.m.when after depositing the examination sheets parmar harpal singh 2014.05.14 15:05 i attest to the accuracy and integrity of this document chandigarh cr. misc. no.m-5017 of 2014 [2].with the superintendent, the complainant reached near main gate of the school, then some students, who were standing there, caught hold him from his neck and started thrashing him. one of the boys gave brick blow on his forehead and other boys gave hockey blows and kick blows and caused injuries to him. now with the intervention of respectable persons, the matter has been amicably compromised between the parties. keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned chief judicial magistrate, moga 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 mandeep singh has stated that he has effected compromise with the above accused and has no objection if the fir in question and subsequent proceedings are quashed. learned additional advocate general, punjab, on instructions from the investigating officer and learned counsel for complainant-respondent no.2 admit the factum of compromise and submit 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 additional advocate general, punjab and learned counsel for complainant-respondent no.2. parmar harpal singh 2014.05.14 15:05 i attest to the accuracy and integrity of this document chandigarh cr. misc. no.m-5017 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.36 dated 12.3.2010 (annexure-p.1) registered for the offences under sections 332, 323, 186, 353 and 506 ipc at police station city moga, district moga and all subsequent proceedings arising out of the same are hereby quashed. may 12, 2014. (inderjit singh) judge *hsp* parmar harpal singh 2014.05.14 15:05 i attest to the accuracy and integrity of this document chandigarh
Judgment:

In the High Court of Punjab and Haryana at Chandigarh .....Criminal Misc.

No.M-5017 of 2014 ....Date of decision:12.5.2014 Gurpreet Sharma and others .....Petitioners v.

State of Punjab and another .....Respondents ...Present: Mr.Rajesh Bhatheja, Advocate for the petitioneRs.Mr.K.D.Sachdeva, Additional Advocate General, Punjab for the respondent-State.

Mr.Sandeep Sharma, Advocate for complainant-respondent No.2....Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C.praying for quashing of FIR No.36 dated 12.3.2010 (Annexure-P.1) registered for the offences under Sections 332, 323, 186, 353 and 506 IPC at Police Station City Moga, District Moga and all subsequent proceedings arising therefrom in view of the compromise.

The FIR has been registered on the statement of complainant- Mandeep Singh on the allegations that when the complainant stopped the boys from copying, then out of those 4/5 boys threatened him that if he would not allow them to copy and to do the paper, then they would kill him.

At about 5.30 p.m.when after depositing the examination sheets Parmar Harpal Singh 2014.05.14 15:05 I attest to the accuracy and integrity of this document Chandigarh Cr.

Misc.

No.M-5017 of 2014 [2].with the Superintendent, the complainant reached near main gate of the school, then some students, who were standing there, caught hold him from his neck and started thrashing him.

One of the boys gave brick blow on his forehead and other boys gave hockey blows and kick blows and caused injuries to him.

Now with the intervention of respectable persons, the matter has been amicably compromised between the parties.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Moga 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 Mandeep Singh has stated that he has effected compromise with the above accused and has no objection if the FIR in question and subsequent proceedings are quashed.

Learned Additional Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant-respondent No.2 admit the factum of compromise and submit 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 Additional Advocate General, Punjab and learned counsel for complainant-respondent No.2.

Parmar Harpal Singh 2014.05.14 15:05 I attest to the accuracy and integrity of this document Chandigarh Cr.

Misc.

No.M-5017 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.36 dated 12.3.2010 (Annexure-P.1) registered for the offences under Sections 332, 323, 186, 353 and 506 IPC at Police Station City Moga, District Moga and all subsequent proceedings arising out of the same are hereby quashed.

May 12, 2014.

(Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2014.05.14 15:05 I attest to the accuracy and integrity of this document Chandigarh