Punjab and Haryana High Court: FIR in cross cases filed between the contesting parties was quashed by a Single Judge Bench comprising of Mahabir Singh Sindhu, J., on the basis of compromise entered into between the parties.
The petitioner and the respondent, both, filed an FIR and cross cases against each other under Section 323 read with Section 34 of IPC in relation to an occurrence of a cross fight between them. In an earlier order passed by the High Court, the parties were directed to appear before the trial Court and get their statements recorded. After recording of such statements, learned Judicial Magistrate submitted his report, the perusal of which revealed that the parties had entered into a compromise in relation to the said incident.
The High Court found that the contents of the report submitted by the learned Judicial Magistrate showed that the said compromise was genuine, voluntary and without coercion or undue influence. The Court also gave due regard to the contention of the parties that since they have reached an amicable compromise between themselves, they should be given an opportunity to live peacefully. The Court observed that the injuries caused in the incident were not on vital parts of the body. None of the parties raised any objection regarding the quashing of FIR/cross-case in question. Hence, the High Court was of the view that it would be in the interest of justice that the parties were allowed to compromise the matter as the continuance of prosecution would be an exercise in futility.
In view of the above, the FIR, its cross version and all other consequential proceedings arising therefrom were quashed. [Dalvinder Singh alias Bindri v. State of Punjab, 2018 SCC OnLine P&H 140, order dated 30-1-2018]
