Punjab-Haryana High Court
Sandeep Singh & Others vs State Of Punjab & Others on 3 April, 2013
Author: L. N. Mittal
Bench: L. N. Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRL. MISC. No.M-1953 OF 2013
DATE OF DECISION : 3rd APRIL, 2013
Sandeep Singh & others
.... Petitioners
Versus
State of Punjab & others
.... Respondents
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
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Present : Mr. Navkiran Singh, Advocate for the petitioners.
Mr. Gaurav Garg Dhuriwala, Deputy Advocate General, Punjab
for respondent No.1.
Mr. Parminder Singh, Advocate for respondent No.2.
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L. N. MITTAL, J. (ORAL)
Accused Sandeep Singh and four others have filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing FIR No.174 dated 20.10.2012 (Annexure P-1) registered under Sections 307, 323, 324, 295, 295-A, 148 and 149 IPC at Police Station Shahkot, District Jalandhar, in view of compromise effected with respondent No.2-complainant, who along with respondents No.3 and 4- eyewitnesses has furnished affidavits Annexures P-2 to P-4 regarding the compromise.
Notice of motion in this case was issued to respondents No.1 and 2 (State of Punjab and Paramjit Singh-complainant) only and not to eyewitnesses Surinder Singh and Manjit Singh respondents No.3 and 4. CRL. MISC. No.M-1953 OF 2013 -2- I have heard learned counsel for the parties and perused the case file.
Counsel for respondent No.2-complainant stated that the parties have effected compromise for which respondent No.2-complainant has furnished affidavit Annexure P-2 and eyewitnesses respondents No.3 and 4 have also furnished affidavits Annexures P-3 and P-4 and therefore, respondent No.2 has no objection if the impugned FIR is quashed.
Learned State counsel, on instructions from SI Arjun Singh, stated that offences under Sections 307, 295 and 295-A IPC have since been deleted and injuries suffered by respondent No.2 were simple in nature.
In appropriate cases, FIR can be quashed by this Court on the basis of compromise by exercising inherent power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh Vs. State of Punjab 2007 (3) Law Herald (Punjab & Haryana) 2225.
In the instant case, respondent No.2 suffered only simple injuries whereas serious offences under Sections 307, 295 and 295-A IPC have since been deleted. Parties are said to be residents of neighbouring villages. The dispute occurred in Gurudwara. Parties have amicably settled the dispute. Accordingly, it is a fit case in which the impugned FIR should be quashed so that the parties may live in peace and harmony.
Resultantly, instant petition is allowed and impugned FIR Annexure P-1 is quashed along with all consequential proceedings arising therefrom.
3rd April, 2013 (L. N. MITTAL)
'raj' JUDGE
CRL. MISC. No.M-1953 OF 2013
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