Balkar Singh and Others Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1159227
CourtPunjab and Haryana High Court
Decided OnJul-25-2014
AppellantBalkar Singh and Others
RespondentState of Punjab and Others
Excerpt:
in the high court of punjab and haryana at chandigarh criminal misc. no.m-9201 of 2014 (o&m) date of decision: july 25, 2014 balkar singh and others ...petitioners versus state of punjab and others ...respondents coram: hon'ble mr.justice inderjit singh present: mr.parmod kumar nagpal, advocate, for the petitioners.mr.sandeep bansal,assistant advocate general, punjab, for the respondent(s)-state. mr.talvinder singh, advocate, for mr.gurshamshir singh, advocate, for respondent nos.2 and 3. **** inderjit singh, j. petitioners balkar singh, sukhchain kaur, mandeep singh and amritpal kaur have preferred this petition under section 482 cr.p.c.for quashing of fir no.119 dated 06.09.2013 (annexure p-1).registered at police station city malout, district sr.muktsar sahib, under sections 324, 326 148, 149 ipc (section 326 ipc added lateron) and all subsequent proceedings arising therefrom in view of the affidavits (annexures p-2 and p-3).complainant silky rani got her statement recorded to the police in which she stated that on 05.09.2013, accused demolished the outer wall of her house by throwing stone. they were armed with 'kappa' and sword and caused injuries to complainant, her mother and brother. on malhotra mamta 2014.08.02 12:19 i attest to the accuracy and integrity of this document chandigarh criminal misc. no.m-9201 of 2014 (o&m) [2].the basis of statement of complainant, fir has been registered against the accused. since the parties are residents of same area, as such with the intervention of the respectable persons of the locality, the matter has been amicably settled between the parties. affidavits (annexures p-2 and p-3) in this regard have been placed on record. keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial court for getting their statements recorded in support of the compromise. after doing the needful, learned trial court has sent its report dated 19.07.2014 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 silky rani has stated that the matter has been compromised between them with the intervention of the respectables, which is voluntary, without any coercion and undue influence from any quarter and she has no objection if the aforesaid fir is quashed. learned state counsel, on instructions from the investigating officer and learned counsel for respondent nos.2 and 3 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.learned state counsel as well as learned counsel for respondent nos.2 and 3. in a decision, based on compromise, none of the parties is a loser. rather, compromise not only brings peace and harmony between malhotra mamta 2014.08.02 12:19 i attest to the accuracy and integrity of this document chandigarh criminal misc. no.m-9201 of 2014 (o&m) [3].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 dispute 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.119 dated 06.09.2013 (annexure p-1).registered at police station city malout, district sr.muktsar sahib, under sections 324, 326 148, 149 ipc (section 326 ipc added lateron) and all subsequent proceedings arising out of the same qua petitioners are hereby quashed. july 25, 2014 (inderjit singh) mamta judge malhotra mamta 2014.08.02 12:19 i attest to the accuracy and integrity of this document chandigarh criminal misc. no.m-9201 of 2014 (o&m) [4].malhotra mamta 2014.08.02 12:19 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-9201 of 2014 (O&M) Date of decision: July 25, 2014 Balkar Singh and others ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE Mr.JUSTICE INDERJIT SINGH Present: Mr.Parmod Kumar Nagpal, Advocate, for the petitioneRs.Mr.Sandeep Bansal,Assistant Advocate General, Punjab, for the respondent(s)-State.

Mr.Talvinder Singh, Advocate, for Mr.Gurshamshir Singh, Advocate, for respondent Nos.2 and 3.

**** INDERJIT SINGH, J.

Petitioners Balkar Singh, Sukhchain Kaur, Mandeep Singh and Amritpal Kaur have preferred this petition under Section 482 Cr.P.C.for quashing of FIR No.119 dated 06.09.2013 (Annexure P-1).registered at Police Station City Malout, District Sr.Muktsar Sahib, under Sections 324, 326 148, 149 IPC (Section 326 IPC added lateron) and all subsequent proceedings arising therefrom in view of the affidavits (Annexures P-2 and P-3).Complainant Silky Rani got her statement recorded to the police in which she stated that on 05.09.2013, accused demolished the outer wall of her house by throwing stone.

They were armed with 'kappa' and sword and caused injuries to complainant, her mother and brother.

On Malhotra Mamta 2014.08.02 12:19 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.

No.M-9201 of 2014 (O&M) [2].the basis of statement of complainant, FIR has been registered against the accused.

Since the parties are residents of same area, as such with the intervention of the respectable persons of the locality, the matter has been amicably settled between the parties.

Affidavits (Annexures P-2 and P-3) in this regard have been placed on record.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise.

After doing the needful, learned trial Court has sent its report dated 19.07.2014 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 Silky Rani has stated that the matter has been compromised between them with the intervention of the respectables, which is voluntary, without any coercion and undue influence from any quarter and she has no objection if the aforesaid FIR is quashed.

Learned State counsel, on instructions from the Investigating Officer and learned counsel for respondent Nos.2 and 3 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.learned State counsel as well as learned counsel for respondent Nos.2 and 3.

In a decision, based on compromise, none of the parties is a loser.

Rather, compromise not only brings peace and harmony between Malhotra Mamta 2014.08.02 12:19 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.

No.M-9201 of 2014 (O&M) [3].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 dispute 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.119 dated 06.09.2013 (Annexure P-1).registered at Police Station City Malout, District Sr.Muktsar Sahib, under Sections 324, 326 148, 149 IPC (Section 326 IPC added lateron) and all subsequent proceedings arising out of the same qua petitioners are hereby quashed.

July 25, 2014 (INDERJIT SINGH) mamta JUDGE Malhotra Mamta 2014.08.02 12:19 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.

No.M-9201 of 2014 (O&M) [4].Malhotra Mamta 2014.08.02 12:19 I attest to the accuracy and integrity of this document Chandigarh