Punjab-Haryana High Court
Lovepreet Singh And Others vs State Of Punjab And Another on 3 September, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-8536 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: September 03, 2012
1. Crl. Misc. No. M-8536 of 2012 (O&M)
Lovepreet Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
2. Crl. Misc. No. M-8570 of 2012 (O&M)
Jagroop Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Lakhwinder Singh Sidhu, Advocate
for the petitioner (in CRM No. M-8536 of 2012)
Mr. Sukhdev Singh, Advocate
for the petitioners (in CRM No. M-8570 of 2012)
Mr. Ankur Jain, AAG, Punjab.
1. To be referred to the Reporters or not?
2. Whether the Judgment should be reported in the Digest
RITU BAHRI, J. (Oral)
This petition is for quashing of FIR No. 11 dated 10.02.2011, registered at P.S. Khilchian, District Amritsar Rural, under Sections 323, 324, 341, 148, 149 IPC and further added Section 326 IPC and DDR No. 6 dated 13.02.2011 (P-5) whereby cross under Sections 323, 324, 148, 149 and further added Section 326 IPC has been registered in FIR No. 11, P.S. Khilchian, District Amritsar Rural and all the proceedings emanating thereof Crl. Misc. No. M-8536 of 2012 (O&M) -2- qua petitioners.
FIR was registered on the statement of the Jagroop Singh that he and Manbeer Singh had gone to Faridkot to meet out relatives. On the way back near the bridge of drain at Dhianpura, two cars of white colour started following them. From these cars Lovepreet Singh son of Jagbir Singh, Satnam Singh son of Kashmir Singh and Kashmir Singh son of Harbhajan Singh, residents of Wadala Khurd, who were armed with datar, along with 10-12 unidentified person. After raising Lalkara, inflicted injuries on the complainant due to which he fell down and some unidentified persons started beating me with the sticks. After making noise 'Marta Marta', Taj Beer Singh son of Veer Singh and Veer Singh son of Dial Singh came at the spot. On seeing them, all the aforesaid persons fled away from the spot. In this background, FIR was registered.
After going through the particulars of injury report (P-2), the offence under Sections 326 was deleted.
The cross version was registered on the statement of Satnam Singh. During the stage of investigation, the matter has been compromised (P-10). The original compromise dated 08.01.2012 is taken on record as A-. The complainant Jagroop Singh is present in the Court today and has been identified by the counsel. He has filed an affidavit dated 03.09.2012 stating that with the intervention of the respectable, the compromise has now been effected between the parties and he has no objection if the FIR is quashed.
An affidavit dated 03.09.2012 of Satnam Singh has also been Crl. Misc. No. M-8536 of 2012 (O&M) -3- filed in the Court, which is taken on record stating therein that with the intervention of the respectable, the matter has now been compromised and he has no objection if the DDR is quashed.
Consequently, in view of the compromise dated 08.01.2012 and affidavit dated 08.02.2012 and in view of 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, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 11 dated 10.02.2011, registered at P.S. Khilchian, District Amritsar Rural, under Sections 323, 324, 341, 148, 149 IPC and further added Section 326 IPC and DDR No. 6 dated 13.02.2011 (P-5) whereby cross under Sections 323, 324, 148, 149 and further added Section 326 IPC has been registered in FIR No. 11, P.S. Khilchian, District Amritsar Rural is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
(RITU BAHRI) JUDGE September 03, 2012 Atul