Punjab-Haryana High Court
Sadhu Singh And Others vs State Of Punjab And Another on 4 July, 2014
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Crl.M.No.M-39076 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl.M.No.M-39076 of 2013 (O&M)
Date of Decision: July 04, 2014
Sadhu Singh and others
.....Petitioners
v.
State of Punjab and another
......Respondents
CORAM: HON'BLE MR.JUSTICE NARESH KUMAR SANGHI
Present: Mr.Ramesh Sharma, Advocate
for the petitioners.
Mr.K.S.Pannu, DAG, Punjab.
Mr.B.S.Pathania, Advocate for
Mr.Amit Dhawan, Advocate
for respondent No.2.
.....
NARESH KUMAR SANGHI, J.
Prayer in this petition, filed under Section 482, Cr.P.C., is for quashing of a cross-case for the offences punishable under Sections 148, 427, 435 read with Section 149, IPC, arising out of FIR No.47, dated 03.05.2009, under Sections 148, 427, 447 and 506 read with Section 149, IPC, registered at Police Station, Lohian, District Jalandhar, and all the consequential proceedings arising therefrom, on the basis of compromise.
Meenu 2014.07.10 10:24 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-39076 of 2013 (O&M) -2-
Vide order dated 21.11.2013, the affected parties were directed to appear before the learned trial Court for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send copies of the statements and the detailed report in that regard to this Court.
In compliance of the above, the petitioners, five in number, as well as Sarwan Singh (respondent No.2- complainant/aggrieved person) did appear before the learned Judicial Magistrate Ist Class, Nakodar, and got recorded their respective statements with regard to the compromise.
Statement of Sarwan Singh (respondent No.2- complainant) is as under:-
"I am agriculturist and present case has been registered on my statement against the accused Sadhu Singh, Sukhdev Singh, Jagjit Singh, Inderjit Singh and Sarwan Singh. In the present case, I have compromised the matter with the accused above said with the intervention of Village Panchayat of Village Kamalpur, P.S.Lohian, District Jalandhar. I Meenu 2014.07.10 10:24 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-39076 of 2013 (O&M) -3- compromised the matter with the accused persons above said without any pressure and coercion. Now I do not want to proceed against these accused. I have no objection, if the FIR is quashed against the above said accused."
The report received from the learned Judicial Magistrate Ist Class, Nakodar, reveals that in both the cross- cases the parties have voluntarily entered into a compromise with each other with the intervention of respectable and relatives.
Learned counsel for the petitioners submits that on account of misunderstanding, the occurrence had taken place resulting into registration of the cross-cases. Due to intervention of respectable and elderly people of the Society, both the private factions have sorted out the dispute and effected a compromise. Learned counsel further contends that at the behest of respondent No.2- complainant, cross case for the offences punishable under Sections 148, 427, 435 read with Section 149, IPC, arising out of FIR No.47, dated 03.05.2009, for the offences punishable under Sections 148, 427, 447 and 506 read with Section 149, IPC, was registered at Police Station, Lohian, Meenu 2014.07.10 10:24 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-39076 of 2013 (O&M) -4- District Jalandhar, against the petitioners' side and the private factions have sorted out their dispute. In both the cases, the private parties did appear before the court below and got recorded their respective statements. He further submits that the compromise so effected between the parties would bring peace not only amongst the parties to the litigation but to the society as well. He also contends that pendency of the present case would be sheer abuse of process of law since chances of conviction and sentence of the petitioners are bleak in view of the compromise so effected between the parties. In support of his contention, learned counsel for the petitioners has placed reliance on the judgment of Hon'ble the Supreme Court in the matter of Gian Singh v. State of Punjab and another, 2012 (4) R.C.R. (Criminal) 543.
Learned counsel for the State, on instructions from ASI Nirmal Singh of police Station, Lohian, very fairly concedes the factum of compromise effected between the private parties. He submits that in view of the compromise, so effected between the parties, he has no objection if the impugned FIR and the consequential proceedings are quashed. He further submits that the petitioners are neither Meenu 2014.07.10 10:24 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-39076 of 2013 (O&M) -5- required nor involved in any other case.
I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
All the offences except under Section 148, IPC, are compoundable. It is a case of version and cross-version. Both the private factions have sorted out their dispute and effected a compromise. Respondent No.2-complainant did appear before the learned Judicial Magistrate Ist Class, Nakodar, and got recorded his statement with regard to the compromise. Learned counsel for the State has also accepted the factum of compromise and has no objection if the impugned FIR and consequential proceedings are quashed.
In view of the totality of the facts and circumstances of the case and taking into consideration the ratio of the judgment delivered by Hon'ble the Supreme Court in the matter of Gian Singh (supra), cross case under Sections 148, 427, 435 read with Section 149, IPC, arising out of FIR No.47, dated 03.05.2009 under Sections 148, 427, 447 and 506 read with Section 149, IPC, registered at Police Station, Lohian, District Jalandhar, and the Meenu 2014.07.10 10:24 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-39076 of 2013 (O&M) -6- consequential proceedings arising therefrom qua petitioners Sadhu Singh, Sukhdev Singh, Jagjit Singh, Inderjit Singh, and Sarwan Singh are hereby quashed.
July 04, 2014 (NARESH KUMAR SANGHI)
meenu JUDGE
Meenu
2014.07.10 10:24
I attest to the accuracy and
integrity of this document
chandigarh