Punjab-Haryana High Court
Kulwant Singh Son Of Shri Hukam Singh, ... vs State Of Punjab, Judicial Magistrate ... on 8 January, 2003
Author: V.M. Jain
Bench: V.M. Jain
ORDER V.M. Jain, J.
1. This order shall dispose of Crl. M.No. 29673-M of 1997 and Crl.M.No. 3363-M of 1998, as both the cases were ordered to be heard together, considering that in both the petitions the petitioners are seeking quashment of the cross cases arising out of criminal complaints.
2. Crl. M.No. 29673-M of 1997, is a petition under Section 482 Cr.PC filed by accused petitioners Kulwant Singh etc., seeking quashment of the criminal complaint filed by the complainant Smt. Joginder Kaur. In the said criminal complaint accused petitioners were ordered to be summoned for the offences under Sections 452, 352, 427, 323, 34 IPC. Crl.M.No.3363-M of 1998 is also a petition under Section 482 Cr.P.C. filed by the accused petitioners, Col. (Retd.) Harbhajan Singh and others, seeking quashment of the criminal complaint filed by Smt. Raj Rani. In the said criminal complaint, accused petitioners, were also ordered to be summoned for the offences under Sections 452, 352, 323, 427, 34 IPC.
3. Learned counsel for the petitioners in both the petitions submitted before me that so far as the civil case is concerned, the same was settled between the parties. It has further been submitted that the petitioners are closed relatives and that they have no objection in case both the criminal complaints and all subsequent proceedings taken in pursuance thereof are quashed by this court, keeping in view the close relationship between the parties and also keeping in view that both the parties had filed cross criminal complaints against each other, especially when the civil suit between the parties had been amicably settled and the basic dispute between the parties was a civil dispute.
4. In view of the stand taken by the learned counsel for the parties, in both the cases and taking into consideration the facts and circumstances of the present case, in my opinion, it is a fit case where both the petitions should be allowed and criminal complaints pending against accused petitioners in both the cases, should be quashed alongwith all subsequent proceedings taken thereon, so that the parties may live amicably especially when the civil dispute between the parties has since been settled.
5. For the reasons recorded above both the petitions are allowed and the criminal complaints and all subsequent proceedings taken thereon are hereby quashed.