Punjab-Haryana High Court
Ajmer Singh @ Jolly & Others vs State Of Punjab & Others on 11 December, 2012
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Criminal Misc. No.M-2018 of 2012 (O&M) ..1...
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-2018 of 2012 (O&M)
Date of Decision : December 11, 2012
Ajmer Singh @ Jolly & Others
...Petitioners
Versus
State of Punjab & Others
...Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.S.K.Virk, Advocate, for the petitioners.
Mr.Rupam Aggarwal, Addl.Advocate General, Punjab.
None for respondent Nos.2 and 3.
***
Naresh Kumar Sanghi, J.
This is a petition for quashing of a cross-case titled as "State of Punjab vs. Punjab Singh & Others" based on DDR No.37 dated 05.04.2011 under Sections 148, 323, 324 read with Section 149, IPC, (emanating from FIR No.25 dated 02.04.2011, under Sections 323, 324 and 325 read with Section 34, IPC (Section 326, IPC has been added later on), registered at Police Station, Hariana, District Hoshiarpur, pending before the Court of learned Chief Judicial Magistrate, Hoshiarpur.
Vide order dated 19.04.2012, this Court had directed the affected parties to appear before the learned Chief Judicial Magistrate, Hoshiarpur, on 01.05.2012 for getting their respective statements recorded with regard to the compromise. The said court was also directed to send his/her detailed report in that regard on or before the date fixed by this Court.
In compliance thereof, respondent Nos.2 and 3/injured Criminal Misc. No.M-2018 of 2012 (O&M) ..2... persons as well as all the petitioners did appear before the learned court below and got recorded their respective statements with regard to the compromise. They also tendered the compromise deed (Ex.C-1). Punjab Singh and Ram Dass (injured persons) stated that they had effected a compromise with the petitioners. They further stated that they had suffered their statements with their free consent and sound state of mind. They also stated that they had no grudge against the petitioners. According to the report received from the learned Chief Judicial Magistrate, Hoshiarpur, the compromise effected between the parties was without any pressure, threat or undue influence.
Learned State counsel, on instructions from HC Tejinder Singh, Police Station, Hariana, District Hoshiarpur, admits the factum of compromise. Learned State counsel, after going through the statements and the report, sent by learned Chief Judicial Magistrate, Hoshiarpur, submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.
Learned counsel for the petitioners submits that the present criminal litigation has arisen on account of money dispute which has amicably been sorted out and the private parties have effected a compromise. He further submits that both the parties had received simple injuries and in the FIR case, the other party had already been acquitted on the basis of compromise. In support of his contention, he has placed reliance on the ratio of the judgment passed by Hon'ble the Supreme Court in the case Criminal Misc. No.M-2018 of 2012 (O&M) ..3... of Gian Singh vs. State of Punjab & Anr., 2012 (4) RCR (Criminal) 543, as well as the judgment delivered by a Five Judge Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052.
Heard.
The present case has arisen out of a money dispute which has amicably been sorted out. Both the parties have effected a compromise. The statements of Punjab Singh and Ram Dass (injured) have already been recorded by the court below. The report received from the said court reveals that the compromise, so effected between the parties, was without any pressure, threat, coercion and undue influence. In the cross- case, the other party has already been acquitted on the basis of compromise. Learned counsel for the State has confirmed the factum of compromise from HC Tejinder Singh, Police Station, Hariana, District Hoshiarpur.
Keeping in view the totality of the circumstances of the case; the factum of compromise and the ratio of the judgments in Gian Singh's and Kulwinder Singh & Others's cases (supra), the present petition is allowed and the cross-case titled as "State of Punjab vs. Punjab Singh & Others" based on DDR No.37 dated 05.04.2011, under Sections 148,323, 324 read with Section 149, IPC (emanating from FIR No.25 dated 02.04.2011 under Sections 323, 324 and 325 read with Section 34, IPC (Section 326, IPC has been added later on), registered at Police Criminal Misc. No.M-2018 of 2012 (O&M) ..4... Station, Hariana, District Hoshiarpur, pending before the court of learned Chief Judicial Magistrate, Hoshiarpur, is hereby quashed.
December 11, 2012 (Naresh Kumar Sanghi) seema Judge