Punjab-Haryana High Court
Lakhvir Singh @ Lakhmir Chand And Others vs State Of Punjab And Another on 15 November, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-20597 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-20597 of 2012 (O&M)
Date of decision : 15.11.2012
Lakhvir Singh @ Lakhmir Chand and others ....Petitioners
versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Ms. Puja Chopra, Advocate
for the petitioners
Ms. Anmol Grewal, A.A.G, Punjab
Mr. Manpreet Singh, Advocate
for respondent No. 2
****
RITU BAHRI , J. (Oral)
Quashing of FIR No. 38 dated 18.02.2012 under Sections 452/324/323/427/506/34 IPC, registered at Police Station City Ferozepur, Distt. Ferozepur is sought on the basis of compromise (Annexure P2) F.I.R has been registered at the instance of respondent No. 2 on the allegations that on 16.02.2012 respondent No. 2 and his brother were talking inside the shop, then Kapil Arora also came there. Lakhvir Singh and his son Surinder @ chinda who was armed with base ball bat and Inderjit Singh armed with Swoard opened the glass door of his shop and came inside. Lakhvir Singh raised a lalkara that catch Surender Kumar, then Sunder @ Chhinda gave a blow with base ball bat in his right hand , which hit on the left side of his head. Then he gave another blow Crl. Misc. No. M-20597 of 2012 (O&M) -2- with kirpan which hit on the left side of his head. On raising alarm, all the three persons fled away from the spot. In the above background, F.I.R was registered against the petitioners.
At the stage of investigation, the matter has now been resolved between the parties, vide compromise (Annexure P2).
In compliance of order dated 17.07.2012, the parties got recorded their statements. Report of Chief Judicial Magistrate, Ferozepur has been received in this regard. As per report, complainant made his statement to the effect that a compromise has been effected with the accused persons with the intervention of respectables of the family and now he has no objection if the accused persons are discharged from the present case. Joint statement of the accused has also been recorded to the same effect. The statements are without any pressure or coercion. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.
Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 38 dated 18.02.2012 under Sections 452/324/323/427/506/34 IPC, registered at Police Station City Ferozepur, Distt. Ferozepur is quashed with all consequential proceedings arising therefrom qua Crl. Misc. No. M-20597 of 2012 (O&M) -3- petitioner.
The petition stands disposed of.
15.11.2012 (RITU BAHRI) G.Arora JUDGE