Punjab-Haryana High Court
Kulwant Singh And Others vs State Of Punjab And Others on 20 August, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-8587 of 2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M-8587 of 2013 (O&M)
Date of decision: 20.08.2013
Kulwant Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MS JUSTICE RITU BAHRI
Present: Mr. Kuldip Singh Chaudhary, Advocate,
for the petitioners.
Mr. Amritpal Singh Gill, AAG, Punjab.
Mr. Arvinder Singh, Advocate,
for respondent Nos. 2 to 4.
RITU BAHRI, J.
Quashing of FIR No. 380 dated 29.10.2007, under Sections 323, 324, 325, 506, 148, 149 IPC, registered at Police Station Mullanpur, District S.A.S. Nagar (Mohali) (Annexure P-1) and DDR No.29 dated 22.08.2012 (Annexure P-3), registered between the same parties, is sought along with subsequent proceedings arising therefrom on the basis of compromise dated 09.11.2012 (annexure P-4).
There is a dispute between the parties qua 1/4th share of Natha Singh in a plot measuring 1 Kanal, falling in Khasra No.103//79 Prasher Ajay (1-0) at village Chhoti Parchh and regarding which, civil litigation is 2013.09.02 10:46 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Misc. No. M-8587 of 2013 (O&M) 2 pending in Civil Court at Kharar. Due to the said dispute, FIRs and counter FIRs have been registered against both the parties. The first FIR i.e. FIR No.380 dated 29.10.2007 was registered on the basis of the statement of Natha Singh, alleging therein that on 28.10.2007, when he was standing in common plot, then Hardev Singh, armed with gandasi, Kulwant Singh, armed with axe, Phula Singh, armed with Lathi (stick), Nirmal Singh, armed with lathi (stick), Balkar Singh, armed with lathi (stick), Rani, Meena, armed with bricks, came there and inflicted injuries upon him and his sons namely Jasvir Singh and Mewa Singh. On this background, the aforesaid FIR was registered.
Thereafter, on 22.08.2012 another serious fight took place between the parties and FIR No.60 dated 22.08.2012 was registered on the basis of the statement of Kulwant Singh. A cross DDR No.29 dated 22.08.2012 was also got registered by the opposite party.
During the pendency of the trial, with the intervention of the Panchayat and the respectables of the area, the matter has been compromised between the parties as per compromise deed dated 09.11.2012 (Annexure P-4).
In compliance with the order dated 18.03.2013, the parties got recorded their statements before the trial Court. A report of the Judicial Magistrate 1st Class, SAS Nagar, Mohali has been received in this regard. Joint statement of Natha Singh-complainant, Mewa Singh and Jasbir Singh (injured) has been recorded to the effect that they have compromised the matter with the accused and they have no objection if the aforesaid FIR is quashed. To the same effect is the Prasher Ajay statement of Hardev Singh, Kulwant Singh, Balkar Singh and Nirmal 2013.09.02 10:46 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Misc. No. M-8587 of 2013 (O&M) 3 Singh. The compromise is voluntarily and without any pressure or coercion.
Taking into account that the matter has been amicably settled between the parties as per compromised deed dated 09.11.2012 (Annexure P-4), it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of F.I.R and D.D.R in the interest of justice.
Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court Madan Mohan Abbot vs. State of Punjab 2008(4) S.C.C. 582 and 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, this Court is of the opinion that no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 380 dated 29.10.2007, under Sections 325, 323, 324, 506, 148, 149 IPC, registered at Police Station, Mullanpur, District S.A.S. Nagar (Mohali) and DDR No.29 dated 22.08.2012 (Annexure P-3), are quashed with all consequential proceedings arising therefrom qua the petitioners.
The petition stands disposed of accordingly.
(RITU BAHRI) 20.08.2013 JUDGE ajp Prasher Ajay 2013.09.02 10:46 I attest to the accuracy and integrity of this document High Court Chandigarh