Raj Kumar And Others vs State Of Punjab And Others

Jaishree Thakur, J

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.317 dated 27.12.2020 registered under Sections 341, 323, 148, 149 of Indian Penal Code at Police Station Gidderbaha, District Sri Muktsar Sahib (Annexure P/1) and DDR No.49 dated 28.12.2020, under Sections 452, 323, 427, 148, 149 of Indian Penal Code, registered at Police Station Gidderbaha, District Sri Muktsar Sahib (Annexure P/2) and all subsequent proceedings arising therefrom in view of the compromise (Annexure P/3).

The FIR has been registered on the statement of complainant-Jagseer Singh on the allegations that the accused-petitioners caused simple injuries to him and his friends. 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 Gidderbaha, 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.317 dated 27.12.2020 registered under Sections 341, 323, 148, 149 of Indian Penal Code at Police Station Gidderbaha, District Sri Muktsar Sahib and DDR No.49 dated 28.12.2020, under Sections 452, 323, 427, 148, 149 of Indian Penal Code, registered at Police Station Gidderbaha, District Sri Muktsar Sahib and all subsequent proceedings arising out of the same are quashed.