Punjab-Haryana High Court
Rajwant Singh And Another vs State Of Punjab And Another on 11 December, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-26983 of 2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-26983 of 2013 (O&M)
Date of decision : 11.12.2013
Rajwant Singh and another
....Petitioners
versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Jagjit Gill, Advocate,
for the petitioners.
Mr. Amritpal Singh Gill, AAG, Punjab.
****
RITU BAHRI , J.
Quashing of FIR No. 67 dated 01.04.2008, under Sections 324, 34 IPC, registered at Police Station City Muktsar, District Sri Muktsar Sahib (Annexure P-1) along with judgment of conviction dated 02.08.2012 (Annexure P-2) passed by the Chief Judicial Magistrate, Sri Muktsar Sahib and order dated 25.07.2013 (Annexure P-6) passed by the Addiitonal Sessions Judge, Sri Muktsar Sahib, is sought on the basis of compromise (Annexure P-3) effected between the parties.
The F.I.R was registered on the basis of statement made by Balwant Singh-respondent No.2 alleging that on 29.03.2008, he along with Rajwant Singh @ Banni, was returning from Maharashtra Prasher Ajayon a truck. They parked the truck on Barkandi road, Malout-Bathinda 2014.01.10 11:39 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Misc. No. M-26983 of 2013 (O&M) 2 byepass to meet the relative of Rajwant Singh namely Raghbir Singh. One unknown person was also present there. They started talking with each other. When the complainant interrupted, they started abusing him. Rajwant Singh took out a knife and caused injuries on his head. He raised a noise. Thereafter, Raghbir Singh gave fist blows on his face. Thereafter, the complainant fell down. The unknown person gave him injuries with a 'sotti'. Rajwant Singh gave injuries on hi left shoulder and arm with a wooden stick. Then, the complainant became unconscious. Thereafter, his nephew Gurprit Singh met him, who took him to village Jhabelwali. In this background, the FIR was registered.
After presentation of the challan, charges under Sections 324 read with Section 34 IPC were framed against the petitioners, to which, they pleaded not guilty and claimed trial.
In order to prove its case, the prosecution examined its witnesses. Thereafter, the evidence of the prosecution was closed.
Statements of the accused-petitioners under Section 313 Cr.P.C., were recorded, wherein all the incriminating evidence was put to them. However, they denied the same and pleaded false implication.
The trial Court, after going through the evidence led by the prosecution, convicted the accused-petitioners for commission of the offences under Sections 324 read with Section 34 IPC and sentenced them as under:-
Prasher Ajay 2014.01.10 11:39 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Misc. No. M-26983 of 2013 (O&M) 3
Rajwant U/S 324 Rigorous imprisonment for a period of three years. Singh @ IPC Binni Raghbir U/S 324 Rigorous imprisonment for a period of two years.
Singh read with
Section
34 IPC
During the pendency of the appeal before the lower Appellate Court, with the intervention of the respectable persons and Panchayat of the village, a compromise (Annexure P-3) has been effected between the petitioners and respondent No. 2-complainant.
In this regard, affidavit of the complainant is annexed as Annexure P-
4.
The petitioners had filed an application before the lower Appellate Court for compounding the offence. But, the said application was dismissed vide order dated 25.07.2013 (Annexure P-
6), as the offence under Section 324 IPC was non-compoundable.
In compliance with the order dated 20.08.2013 passed by this Court, the parties got recorded their statements before the trial Court. Report from the Addl. Sessions Judge, Sri Muktsar Sahib, has been received in this regard. As per report, Balwant Singh- complainant made his statement on 27.09.2013 to the effect that now he has effected a compromise with Rajwant Singh and Raghbir Singh vide written compromise deed Ex.C1. He identified his signatures on the compromise Ex.C1 and affidavit Ex.C2. He has no objection if the FIR is quashed. Statements of Raghbir Singh and Rajwant Singh-petitioners have also been recorded to the same effect. Statement of Jaswant Singh, witness to the compromise deed, has also been recorded to the same effect. He identified his signatures on Prasher Ajay 2014.01.10 11:39 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Misc. No. M-26983 of 2013 (O&M) 4 the compromise deed.
A Division Bench of this Court in Sube Singh and another Vs. State of Haryana and another, 2013 (4) RCR (Criminal) 102, had examined a case, where after conviction, the dispute between the parties had been settled. It was a case, registered under Sections 420, 467, 468 read with Section 120-B IPC. While quashing the proceedings in the said case, the Division Bench of this Court, observed as under:-
"17. The magnitude of inherent jurisdiction exercisable by the High Court under Section 482 Criminal Procedure Code with a view to prevent the abuse of law or to secure the ends of justice, however, is wide enough to include its power to quash the proceedings in relation to not only the non-compoundable offences notwithstanding the bar under Section 320 Criminal Procedure Code, but such a power, in our considered view, is exercisable at any stage save that there is no express bar and invoking of such power is fully justified on facts and circumstances of the case."
In the facts and circumstances of the present case, the dispute with regard to offence under Section 324 read with Section 34 IPC, has now been resolved. The Court is satisfied that after recording the statements of both the parties, the compromise is voluntary and has been effected without coercion and pressure.
Consequently, in view of the status report and 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 and the judgment delivered by a Division Bench Prasher Ajayof this Court in Sube Singh's case (supra), this Court is of the view 2014.01.10 11:39 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Misc. No. M-26983 of 2013 (O&M) 5 that no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 67 dated 01.04.2008, under Sections 324, 34 IPC, registered at Police Station City Sri Muktsar, District Sri Muktsar Sahib (Annexure P-1), is quashed with all consequential proceedings arising therefrom qua the petitioners. The accused- petitioners are acquitted of the charges framed against them. Resultantly, the appeal preferred by the petitioners against the judgment of conviction and order of sentence dated 02.08.2012, would be rendered infructuous and shall be so declared by the first Appellate Court at Sri Muktsar Sahib.
The petition stands disposed of accordingly.
(RITU BAHRI) JUDGE 11.12.2013 ajp Prasher Ajay 2014.01.10 11:39 I attest to the accuracy and integrity of this document High Court Chandigarh