Karamjeet Singh vs State of Punjab

Naresh Kumar Sanghi, J.—This is a petition for quashing of cross-case bearing DDR No. 39, dated 12.02.2014, under Sections 148, 323, 324 and 506 read with Section 149, IPC, in FIR No. 29 dated 12.02.2014, 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, Karamjeet Singh and Gurbinder Singh (petitioner Nos. 1 and 2) and Harjeet Singh @ Jita (respondent No. 2-complainant/injured) did appear before the learned court below and got recorded their respective statements with regard to the compromise.

Respondent Nos. 2-Harjeet Singh @ Jita suffered the following statement:-

Stated that DDR No. 39 was recorded in FIR No. 29 dated 12.02.2014 of the present case was registered in terms of my statement against the accused. I have effected compromise with the accused. Copy of the same is Mark A. I effected the compromise voluntarily with accused without any pressure from any quarter. So, I withdraw the allegations mentioned in the DDR. I have no objection if the FIR is quashed on the basis of compromise by the Hon''ble High Court.

Learned counsel for the petitioners submits that on account of confusion, the present incident had occurred and due to intervention of the respectable and the elderly people of the society, the private parties have sorted out their disputes and effected a compromise. He further submits that the petitioners as well as respondent No. 2 did appear before the court below and got recorded their respective statement with regard to compromise. He also submits that it is a case of version and cross-version; both the factions have also sorted out the dispute involved in the counter case and the FIR of the said case has already been quashed by this Court. It has also been contended that all the conditions of the compromise have been materialized.

Learned counsel for the State, on instructions from HC Gurpartap Singh, Police Station, City Kharar, District S.A.S. Nagar, Mohali, fairly concedes that both the private factions have resolved their all disputes and effected a compromise and as such, he has no objection if the impugned FIR and all the consequential proceedings arising therefrom are quashed.

Learned counsel for respondent Nos. 2/complainant has also toed the submissions made by the learned counsel for the State. He fairly concedes the factum of compromise and has no objection if the impugned FIR and all the consequential proceedings arising therefrom are quashed.

Heard.

The present criminal litigation has arisen out of DDR No. 39 dated 12.02.2014 and treated cross-case of FIR No. 29 dated 12.02.2014 for the offences punishable under Sections 148, 323, 324 and 506 read with Section 149, IPC, registered at Police Station, City Kharar, District S.A.S. Nagar, Mohali. The private factions have sorted out their disputes in both the cases. The case arising out of FIR No. 29 dated 12.02.2014 has already been ordered to be quashed on the basis of compromise. In view of the compromise and the statements suffered by respondent No. 2/complainant-injured 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 Vs. State of Punjab, , the present petition is allowed and DDR No. 39, dated 12.02.2014, under Sections 148, 323, 324 and 506 read with Section 149, IPC, in 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.