Punjab-Haryana High Court
Yadwinder Singh @ Amarjit Singh vs State Of Punjab And Another on 17 December, 2012
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
Crl. Misc. No. M-37203 of 2011 (O & M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-37203 of 2011 (O & M)
Date of Decision:- December 17, 2012
Yadwinder Singh @ Amarjit Singh ..............PETITIONER(S)
vs.
State of Punjab and another ...........RESPONDENT(S)
CORAM:- HON'BLE MR. JUSTICE G.S. SANDHAWALIA
Present:- Mr. Naveen Batra, Advocate,
for the petitioner.
Ms. Amarjit Kaur Khurana, Addl. A.G., Punjab.
None for respondent no. 2.
G.S. SANDHAWALIA, J. (ORAL)
1. The present petition has been filed under Section 482 Cr.P.C. for quashing of the case FIR No. 287 dated 15.10.2009 registered under Sections 341, 323, 506, 427 IPC and Sections 332 and 186 IPC (added subsequently) lodged with P.S. Sadar, District Hoshiarpur on the basis of compromise dated 19.08.2011 (Annexure P-2) and for quashing all other subsequent proceedings arising therefrom.
2. Perusal of the FIR goes on to show that the FIR was lodged by respondent no. 2 on the ground that there arose a dispute between him and the petitioner due to overtaking of vehicles and due to which a fight took place. The petitioner has placed on record compromise dated 19.08.2011 wherein, respondent no. 2-Kashmir Singh has entered into a compromise with the petitioner. This Court, vide order dated 07.11.2012, directed the trial Court to record the statements of all the concerned parties with regard to the genuineness and validity of the compromise and send its report.
3. The Additional Chief Judicial Magistrate, Hoshiarpur, vide letter Crl. Misc. No. M-37203 of 2011 (O & M) 2 dated 15.12.2012, has sent its report that the injured Kashmir Singh's statement was recorded and he has stated that he has no grudge against the accused and he has no objection if the FIR is quashed by this Court. The said compromise effected between the parties has been effected with his own sweet will and is without any pressure or coercion.
4. The State, in its reply on the other hand, has mentioned that the charge has been framed against the petitioner on 05.07.2010 by the trial Court; the case is pending for prosecution evidence and the matter is subjudice and the petition is not maintainable and is liable to be dismissed.
5. Keeping into consideration the facts and circumstances of the present case specially keeping in mind the allegations in the FIR that the dispute arose due to overtaking of vehicles, which has now been resolved, this Court is of the opinion that the matter stands squarely covered by the judgment of Full Bench of this Court rendered in Kulwinder Singh and others vs. State of Punjab and another, 2007 (3) RCR (Crl.) 1052 wherein, it has been held that a resolution of a dispute by way of a compromise between two warring groups should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.
6. Accordingly, the present petition is allowed.
7. FIR No. 287 dated 15.10.2009 registered under Sections 341, 323, 506, 427 IPC and Sections 332 and 186 IPC (added subsequently) lodged with P.S. Sadar, District Hoshiarpur and all subsequent proceedings arising therefrom including the order framing charge dated 05.07.2010 are hereby quashed, in the interest of justice.
17.12.2012 (G.S. Sandhawalia) shivani Judge