Gurpal Singh vs State of Punjab

Rajan Gupta, J.—This order shall dispose of two petitions bearing CRR-M-23732 of 2013 and CRM-M-38302 of 2013 being a case of version and cross-version arising out of same incident.

Petitioners have filed the aforesaid two petitions u/s 482 Cr.P.C. i.e. in CRM-M-23732 of 2013 seeking quashing of F.I.R. No. 19 dated 20.3.2012 registered under Sections 323, 324, 148, 149 IPC & 325 IPC at Police Station, Garhshankar, District Hoshiarpur registered on the statement of Avtar Singh son of Batan Singh and in CRM-M-38302 of 2013 seeking quashing of cross-case i.e. DDR No. 26(A) dated 23.3.2012 registered under Sections 323, 324, 34 IPC registered on the statement of Balbir Singh son of Malkit Singh and all the subsequent proceedings arising therefrom.

Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and Others Vs. State of Punjab and Another, learned counsel submit that in view of compromise, the impugned F.I.R. and D.D.R. deserve to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh''s case supra and submit that in case a compromise is arrived at between the parties the State shall not stand in the way of quashing of F.I.R.

Heard

It appears that while issuing notice of motion a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:-

Keeping in view the statements of above said complainant and injured and accused No. 2 to 6, this court is of the considered view that compromise has been effected between the parties, is genuine one. However, the above mentioned case has also been registered against accused Bhupinder Singh son of Balvir Singh against whom proclamation proceedings u/s 82 Cr.P.C. are pending in the court of undersigned and he is not party(petitioner) in Crl. Misc. M. No. 23732 of 2013 pending in the Hon''ble Punjab and Haryana High Court, Chandigarh.

The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of above, the present FIR, DDR and consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh''s case supra.

Resultantly, the present petitions are allowed. The F.I.R. as well as DDR in question and proceedings arising therefrom are quashed qua the petitioners.