AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
21 paragraphs · 408 wordsJaishree Thakur, J
This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.132 dated 28.08.2020 registered under
Sections 307, 452, 148, 149 of Indian Penal Code and Section 25 of Arms Act at Police Station Tarsikka, District Amritsar (Annexure P/1) and all
subsequent proceedings arising therefrom in view of the compromise (Annexure P/2).
The FIR has been registered on the statement of complainant-Manjinder Kaur on the allegations that the accused-petitioners gave beatings to him.
Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their
disputes and differences.
Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the trial court/Illaqa Magistrate for
getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from Sub Divisional Judicial
Magistrate at Baba Bakala Sahib, stating that the compromise arrived at between the parties is without any pressure or coercion from anyone and the
same is genuine one.
Learned State counsel, on instructions from the Investigating Officer admits to 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 heard learned counsel for the parties and have gone through the record.
In a decision, based on compromise, none of the parties is a loser. Rather, a compromise not only brings peace and harmony between 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.
Consequently, keeping in view the fact that the dispute has been amicably settled and in view of the law laid down by the Hon'ble Supreme Court in
Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466, this petition is allowed and FIR No.132 dated 28.08.2020 registered
under Sections 307, 452, 148, 149 of Indian Penal Code and Section 25 of Arms Act at Police Station Tarsikka, District Amritsar and all subsequent
proceedings arising out of the same are quashed qua the petitioners herein.
