Punjab-Haryana High Court
Sukhwinder Singh @ Sukha And Others vs State Of Punjab And Others on 28 March, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc.No. M-32433 of 2011 (O&M) &
Crl. Misc.No. M-32434 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
1. Crl. Misc.No. M- 32433 of 2011 (O&M)
Sukhwinder Singh @ Sukha and others ......Petitioners
versus
State of Punjab and others ...Respondents
2. Crl. Misc.No. M- 32434 of 2011 (O&M)
Kala Singh and others ......Petitioners
versus
State of Punjab and others ...Respondents
Date of decision : 28.03.2012
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: None for the petitioners in Crl. Misc. No. M- 32433 of 2011 &
for the respondents in Crl. Misc.No. M- 32434 of 2011
Mr. Rajinder Mathur, AAG, Punjab
None for the petitioners in Crl. Misc.No. M- 32433 of 2011 &
for the respondents in Crl. Misc. No. M-32434 of 2011
****
RITU BAHRI , J. (Oral)
By this common order, Crl. Misc.No. M- 32433 of 2011 & Crl. Misc. No. M- 32434 of 2011 shall be decided together wherein prayer is for quashing of FIR No. 130 dated 19.08.2009 under Sections 452/324/323/148/149/427/506 of IPC, registered at Police Station Malout Sadar, District Muktsar Sahib and F.I.R No. 137 dated 27.11.2010 under Sections 324/323/34 IPC registered at Police Station Malout Sadar, District Crl. Misc.No. M-32433 of 2011 (O&M) & Crl. Misc.No. M-32434 of 2011 (O&M) -2- Muktsar Sahib and subsequent proceedings arising therefrom on the basis of compromise dated 09.10.2011 and 04.07.2011(Annexure P2).
Both the F.I.R's in question were got registered by the parties herein against each other. However, the matter has been compromised due to intervention of respectable of the area. Compromise deeds are dated 09.10.2011 and 04.07.2011(Annexure P2).
Brief facts of the case are that a scuffle took place between the parties in which both of them had received injuries. Two F.I.R's were registered of the same incident.
In compliance of order dated 12.01.2012, status reports of Civil Judge (Jr. Divn) Malout has been received in both the petitions. As per these reports, statements of complainants/injured and accused have been recorded to the effect that the matter has been compromised between them. The compromise is without any pressure.
Taking into account that the compromise has been effected between the parties and the compromise deeds are dated 09.10.2011 and 04.07.2011(Annexure P2), which is placed on record in both the petitions whereby the parties have decided to get the F.I.R's quashed, 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 reports and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Crl. Misc.No. M-32433 of 2011 (O&M) & Crl. Misc.No. M-32434 of 2011 (O&M) -3- 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, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 130 dated 19.08.2009 under Sections 452/324/323/148/149/427/506 of IPC, registered at Police Station Malout Sadar, District Muktsar Sahib and F.I.R No. 137 dated 27.11.2010 under Sections 324/323/34 IPC registered at Police Station Malout Sadar, District Muktsar Sahib are quashed with all consequential proceedings arising therefrom qua petitioners.
The petitions stands disposed of.
A photo copy of this order be placed on the files of connected case.
(RITU BAHRI) JUDGE March 28, 2012 G.Arora