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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