Bhagwan Singh @ Mitha vs State Of Punjab And Ors on 8 May, 2017

Crl. Misc. M 28414 of 2016 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
-.-

Crl. Misc. M 28414 of 2016
Date of decision: 08.05.2017

Bhagwan Singh alias Mitha …….. Petitioner
Versus
State of Punjab and others …….Respondents

Coram: Hon’ble Mrs. Justice Rekha Mittal
-.-

Present: Mr. Navkesh Singh, Advocate
for the petitioner

Mr. Mikhail Kad, AAG, Punjab

None for respondents No. 2 and 3
-.-

Rekha Mittal, J.

Through the present petition filed under Section 482 of the

Code of Criminal Procedure (in short, ‘Cr.P.C.’), the petitioner prays for

quashing of FIR No. 0008 dated 13.01.2016 for offence punishable under

Section 354 of the Indian Penal Code (in short, ‘IPC’) registered with Police

Station Payal, Khanna, District Ludhiana and proceedings emanating

therefrom on the basis of compromise dated 03.06.2016 (Annexure P-2)

arrived at between the parties.

Counsel for the petitioners states that the petitioner and

respondents No. 2 and 3 have resolved their dispute vide compromise deed

dated 03.06.2016.

Vide order dated 16.01.2017, the parties were directed to

appear before the Illaqa Magistrate/trial Court to get their statements

recorded with regard to genuineness of compromise.

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Crl. Misc. M 28414 of 2016 2

Pursuant thereto, a report has been submitted by the Sub

Divisional Judicial Magistrate, Payal wherein it has been reported that

statements of the parties have been recorded and they have voluntarily

compromised the matter.

Counsel for the State does not dispute genuineness of the

compromise in view of report of the Court below.

There is no representation on behalf of respondents No. 2 and

3.

A perusal of allegations in the FIR reveals that the present case

squarely falls in that category of cases which can be quashed by the High

Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping

in view the authoritative enunciation of law laid down by Hon’ble the

Supreme Court in ‘Gian Singh v. State of Punjab and another’, 2012(4)

R.C.R. (Criminal) 543 and in the light of facts and circumstances of the

present case, this Court is of the considered opinion that continuation of

criminal proceedings would amount to abuse of process of law and it is

expedient in the interest of justice that criminal proceedings are put to an

end.

In this view of the matter, the petition is allowed and FIR No.

0008 dated 13.01.2016 for offence punishable under Section 354 IPC

registered with Police Station Payal, Khanna, District Ludhiana and

proceedings emanating therefrom on the basis of compromise dated

03.06.2016 stand quashed qua the petitioner.

(Rekha Mittal)
Judge
08.05.2017
mohan bimbra
Whether speaking/reasoned : Yes/No
whether reportable : Yes/No

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