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2021 DIGILAW 145 (PNJ)

Balbir Kumar @ Kala v. State Of Punjab

2021-01-15

SUDIP AHLUWALIA

body2021
JUDGMENT Sudip Ahluwalia J. - In this petition, the petitioners, who are the accused persons in FIR No.48 dated 02.04.2020 under Sections 365/342/323/506/148/149/188 of the IPC registered at Police Station Sadar Jalandhar, District Police Commissionerate Jalandhar (Annexure P-1), have prayed for quashing of F.I.R. with all subsequent proceedings, on the basis of compromise. 2. With the intervention of respectables and elderly people of the society, the complainant has arrived at a settlement with the accused vide Compromise (Annexure P-2), which is duly signed by him. 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. The Additional Chief Judicial Magistrate, Jalandhar, vide report dated 18.11.2020, 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 through Video Conferencing, who does not dispute the compromise. 4. In view of the report of the Additional Chief Judicial Magistrate, Jalandhar, and in view of the decisions of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", (2012) 4 RCR(Cri) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466 , 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.48 dated 02.04.2020 under Sections 365/342/323/506/148/149/188 of the IPC registered at Police Station Sadar Jalandhar, District Police Commissionerate Jalandhar (Annexure P-1), with all consequential proceedings arising therefrom, is hereby quashed qua the present petitioners.