Punjab-Haryana High Court
Crl. Misc. No.2348-M Of 2009 (O&M) vs State Of Punjab And Others on 3 February, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
1. Crl. Misc. No.2348-M of 2009 (O&M)
Date of decision : 03-02-2009
Anokh Singh and another
....Petitioners
VERSUS
State of Punjab and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Vipul Aggarwal, Advocate,
for the petitioners.
Mr. Mehardeep Singh, AAG, Punjab.
Mr. Vijay Singh Kajla, Advocate,
for respondent No.2 to 4.
2. Crl. Misc. No.2349-M of 2009 (O&M)
Date of decision : 03-02-2009
Kuldeep Singh and others
....Petitioners
VERSUS
State of Punjab and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Vijay Singh Kajla, Advocate,
for the petitioners.
Mr. Mehardeep Singh, AAG, Punjab.
Mr. Vipul Aggarwal, Advocate,
for respondent No.2 to 4.
KANWALJIT SINGH AHLUWALIA, J. (Oral)
Crl. Misc. No.5845 of 2009 in Crl. Misc. No.M-2348 of 2009 Crl. Misc. is allowed. Reply by way of affidavit of respondents No.2 to 4 is taken on record.
Crl. Misc. No.5846 of 2009 in Crl. Misc. No.M-2349 of 2009 Crl. Misc. is allowed. Reply by way of affidavit of respondents No.2 and 3 is taken on record.
Crl. Misc. No.2348-M of 2009 (O&M) -2- By this common order, two petitions i.e. Crl. Misc. No.M-2348 of 2009 preferred by Anokh Singh and another Vs. State of Punjab and others and Crl. Misc. No.M-2349 of 2009 preferred by Kuldeep Singh and others Vs. State of Punjab and others shall be decided.
The petition has been filed u/s 482 Cr.P.C. praying for quashing of the case FIR No.64 dated 20-4-2007 registered at Police Station Ajnala, Police District Majitha, Amritsar u/s 324/323/34 IPC. Offence u/s 326 was added later. FIR in the present case was lodged at the instance of Kuldeep Singh - respondent No.2. He had named Lovepreet Singh @ Love, s/o Anokh Singh and Anokh Singh, s/o Bawa Singh as accused. Regarding the same incident, a cross-version was recorded at the instance of Lovepreet Singh @ Love, son of Anokh Singh. He had named Kuldeep Singh, s/o Naranjan Singh, Satinder Pal Singh and Bhupinder Pal Singh, s/o Kuldip Singh as accused. It is a case of version and cross-version. Cross version was also registered for offence u/s 326/324/323/34 IPC.
In the occurrence, Kuldeep Singh, s/o Naranjan Singh and Lovepreet Singh @ Love, son of Anokh singh had suffered the injuries. Anokh Singh and Lovepreet Singh have been identified by their counsel Mr. Vipul Aggarwal whereas Kuldeep Singh and his sons, Satinder Pal Singh and Bhupinder Pal Singh were identified by Sh. Vijay Singh Kajla, Advocate. Investigating Officer Sh. Jaswant Singh, SI is also present in the Court. He has also identified all the five persons present in the Court namely Anokh Singh, Lovepreet Singh @ Love, Kuldeep Singh and his two sons, Satinder Pal Singh and Bhupinder Pal Singh. All the five persons are present in the Court and they have stated that due to the intervention of respectables, they have amicably resolved the dispute in order to promote Crl. Misc. No.2348-M of 2009 (O&M) -3- everlasting peace, amity and cordial relations. They are neighbourers. They have stated that being a resident of the same village, they want to end bad blood and fued. Reliance has been placed on a Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052.
Therefore, present petitions are accepted. FIR No. 64 dated 20-4-2007 registered at Police Station Ajnala, Police District Majitha, Amritsar u/s 324/323/34 and 326 IPC and the cross version of the FIR are hereby quashed along with all subsequent proceedings.
(KANWALJIT SINGH AHLUWALIA)
3-2-2009 JUDGE
manju