Karamjit Singh & Ors vs State Of Punjab & Ors on 10 October, 2017

CRM-M-11367-2017 -1-

IN THE HIGH COURT OF PUNJAB HARYANA
AT CHANDIGARH

Crl. Misc. No. M-11367 of 2017 (OM)
Date of decision: October 10, 2017

Karamjit Singh and others
.. Petitioners

Versus

State of Punjab and another
.. Respondents

CORAM: HON’BLE MR. JUSTICE SURINDER GUPTA

Present: Mr. K.S. Sidhu, Advocate
for the petitioners.

Mr. C.L. Pawar, Sr. DAG, Punjab.

Mr. K.S. Lakhanpal, Advocate for
Mr. Rakesh Gupta, Advocate
for respondent No.2.

SURINDER GUPTA, J.(Oral)

The petitioners have filed this petition under Section 482 Code

of Criminal Procedure (for short, ‘Cr.P.C.’) seeking quashing of FIR No.11

dated 18.01.2017 (Annexure P-1) along with all consequential proceedings

arising therefrom, registered for offence punishable under Section 406 of

Indian Penal Code (for short ‘IPC’) at Police Station Patran District Patiala,

on the basis of the compromise (Annexure P-4).

Learned counsel for the petitioners submits that the matter

pertaining to the dispute regarding sale of combine of complainant has since

been settled vide compromise, copy of which has been placed on file as

Annexure P-4.

Parties have also appeared before the trial Court, where their

statements were recorded. As per the report sent by Judicial Magistrate 1st

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Class, Samana, complainant as well as petitioners appeared before him and

made statements that they have amicably resolved the dispute and have no

objection if the present FIR is quahsed.

Learned counsel for respondent No.2-complainant has endorsed

the submission of learned counsel for the petitioners. He has no objection if

the impugned FIR (Annexure P-1) is quashed.

Learned State counsel on instructions from Investigating officer

submits that the matter has since been amicably settled and this fact has also

been notified to the investigating officer, who has verified the same.

Keeping all the above facts in view, I am of the considered

opinion that it is a fit case in which the impugned FIR should be quashed.

Keeping the case pending will not serve the ends of justice. The quashing

of the FIR will provide the parties to this petition an opportunity to live in

an amicable, peaceful and harmonious atmosphere which is not only in the

interest of the parties but also for their families and ultimately the society at

large.

For the reasons as discussed above, the instant petition is

allowed and the impugned FIR No.11 dated 18.01.2017 (Annexure P-1)

registered for offence punishable under Section 406 IPC at Police Station

Patran District Patiala along with all consequential proceedings arising

therefrom, qua petitioners, is quashed.

October 10, 2017 (SURINDER GUPTA)
Sachin M. JUDGE

Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

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