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(2024) Law Today Live Doc. Id. 19616
Decided on: 04.10.2024
Present:
Mr. Munish Raj Chaudhary, Advocate for the petitioners.
Mr. Iqbalpreet Singh, AAG, Punjab.
Mr. G.S. Khokhar, Advocate for respondent No.2.
Indian Penal Code, 1860 (45 of 1860), Section 307,324, 323, 427, 506, 341, 148, 149, 120-B (326, 201 and 34 added lateron) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Attempt to murder – Compromise quashing of FIR -- Compromise arrived at between the parties is genuine and without any pressure -- No useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons – FIR and all consequential proceedings quashed.
(Para 2-5)
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SANJIV BERRY, J. (ORAL) –
1. By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 29.07.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:-
|
FIR No. |
Dated |
Sections |
Police Station |
|
137 |
01.12.2018
|
307,324, 323, 427, 506, 341, 148 and 149, 120-B (326, 201 and 34 added lateron) of the IPC |
Tapa Mandi, District Barnala |
2. With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed/affidavit dated 29.07.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. A copy of Receipt of costs of Rs.25,000/- has been placed on record in compliance of the order dated 17.09.2024. Additional Sessions Judge, Barnala, vide report dated 30.09.2024, has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.
3. Respondent No. 2 is represented by his counsel and does not oppose the compromise.
4. In view of the report of the Additional Sessions Judge, Barnala, and in view of the decision of the Hon'ble Supreme Court in “Gian Singh Vs. State of Punjab and another”, 2012(4) RCR (Criminal) 543 = (2012) Law Today Live Doc. Id. 12249 and “Narinder Singh and Others Vs. State of Punjab and Another”, (2014) 6 SCC 466 = (2014) Law Today Live Doc. Id. 12622, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.
5. In the circumstances, the present petition is allowed. FIR No. 137 dated 01.12.2018, under Sections 307, 323, 324, 427, 506, 341, 148 and 149, 120-B (326, 201 and 34 added lateron) of the IPC, registered at Police Station Tapa Mandi, District Barnala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.
Petition allowed.
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