Bhau And Others vs State Of Punjab And Another

Anupinder Singh Grewal, J

The petitioners are seeking quashing of FIR No.62 dated 17.08.2019, under Sections 326, 324, 323, 148, 149 IPC registered at Police Station Tibber, District Gurdaspur, on the basis of compromise dated 02.07.2021 (Annexure P-2), which has been arrived at between the parties.

Learned counsel for the petitioners contends that the incident is outcome of a sudden altercation between the parties. The injured has fully recovered from the injuries. He also contends that with the intervention of the respectables, the matter has been compromised. He has referred to the copy of the compromise at Annexure P-2.

Learned counsel for respondent No.2 states that the matter has indeed been compromised.

This Court vide order dated 30.07.2021 had directed the parties to appear before the Illaqa Magistrate/trial Court for recording their statements  and send a report as to whether the compromise has been arrived at without any coercion or undue influence. The report of the Additional Chief Judicial Magistrate, Gurdaspur dated 27.08.2021 has been received, wherein it is stated that in pursuance to the order of this Court, the statements of the parties were recorded which indicates that compromise which has been effected is genuine, voluntary and without undue influence.

The incident is outcome of a sudden altercation between the parties. The injured has fully recovered from the injuries and with the intervention of the respectables, the matter has been compromised. In view of the law laid down by the Supreme Court in the case of Narinder Singh vs. State of Punjab 2014 (6) SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.62 dated 17.08.2019, under Sections 326, 324, 323, 148, 149 IPC registered at Police Station Tibber, District Gurdaspur and all subsequent proceedings arising therefrom are hereby quashed qua the petitioners.