Harjeet Singh vs State of Punjab

Naresh Kumar Sanghi, J.—This is a petition for quashing of FIR No. 29 dated 12.02.2014, under Sections 323, 341 and 379 read with Section 34, IPC, registered at Police Station, City Kharar, District S.A.S. Nagar, Mohali, and all the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Vide order dated 01.05.2014, this Court had directed the affected parties to appear before the learned Chief Judicial Magistrate, Mohali, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send its detailed report in that regard along with copies of the statements to this Court on or before the date fixed by this Court.

In compliance thereof, Harjeet Singh @ Jita, Dharamvir Singh, Gurmit Singh @ Kala and Gurpreet Singh @ Bhoda (petitioner Nos. 1 to 4) and Karamjeet Singh (respondent No. 2/complainant) did appear before the learned court below and got recorded their respective statements with regard to the compromise.

Respondent Nos. 2-Karamjeet Singh suffered the following statement:-

Stated that FIR of the present case was registered in terms of my statement against the accused. I have effected compromise with the accused which is Mark A. I effected compromise voluntarily with accused without any pressure from any quarter. So, I withdraw the allegations mentioned in the FIR. I have no objection if the FIR is quashed on the basis of compromise by the Hon''ble High Court.

The similar joint statement admitting the factum of compromise was suffered by the petitioners. The compromise deed "Mark A" was also placed on record. The report has been received from the learned Chief Judicial Magistrate, Mohali, wherein it has been mentioned that the compromise so effected between the parties was out of their free will and without any coercion.

Learned counsel for the petitioners, learned counsel for the State as well as learned counsel for respondent No. 2/complainant have admitted the factum of compromise. They also submit that all the offences for which the petitioners have been booked are compoundable as per Section 320, Cr.P.C.

Heard.

All the offences for which the petitioners have been booked are compoundable. Respondent No. 2/complainant has effected a compromise with the petitioners. In view of the compromise and the statements suffered by respondent No. 2/complainant before the learned Chief Judicial Magistrate, S.A.S. Nagar, the chances of ultimate conviction of the petitioners are bleak and, therefore, pendency of the FIR and continuation of the trial would be a sheer abuse of the process of law.

In view of the factum of compromise and the law laid down by Hon''ble the Supreme Court in Kulwinder Singh and Others Vs. State of Punjab and Another, , the present petition is allowed and FIR No. 29 dated 12.02.2014, registered at Police Station, City Kharar, District S.A.S. Nagar, Mohali, and all the consequential proceedings arising therefrom are hereby quashed.