Punjab-Haryana High Court
Soni Khan And Others vs State Of Punjab And Others on 14 February, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-29142 of 2010 (O&M) [ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-29142 of 2010 (O&M)
Date of Decision: February 14,2012
Soni Khan and others ....................................... Petitioners
Versus
State of Punjab and others ........................ Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
Present: Mr.G.S.Punia, Advocate
for the petitioners.
Mr. Abhishek Chautala, AAG, Punjab.
...
RITU BAHRI, J. (Oral)
Quashing of FIR No. 71 dated 28.5.2008 under Sections 308, 354, 341, 506, 323, 148, 34 IPC registered at Police Station Ahmedgarh (Annexure P1) and cross version in F.I.R. No. 71 dated 28.5.2008 under Sections 341, 506, 323, 34 IPC registered at Police Station Ahmedgarh (Annexure P2) on the basis of compromise dated 21.8.2010 (Annexure P-3).
The FIR has been registered at the instance of Baljit Kaur alleging that the petitioners along with others Crl. Misc. No. M-29142 of 2010 (O&M) [ 2 ] have assaulted her petaining to a dispute regarding Gram Panchayat Elections. After the Gram Panchayat elections, another cross case was registered at the instance of Soni Khan against respondents No. 2, 5 and 6 namely Baljit Kaur, Basira Khan and Swaran Singh respectively, on the allegations that they had attacked Soni Khan.
During the pendency of the trial, the matter in the FIR and in the cross version has been compromised by the parties on 21.8.2010 (Annexure P3) with the intervention of respectables of the village.
As per opinion of the Doctor (Annexure P6) the injury was declared dangerous to life after lapse of almost 6 months of the incident i.e. on 26.11.2008. The affidavits in both the cases are Annexures P7 to P10.
In compliance of the order dated 9.12.2010, status report dated 22.12.2010 has been filed by the Additional Sessions Judge, Sangrur. As per this report, statement of complainant Gurmeet Kaur wife of Gurmail Singh, Baljit Kaur wife of Amarjit Singh, Bashiran wife of Mashoor, Naziran wife of Kesar Khan and Sohan Singh have been recorded in case titled State v. Sodhi Khan etc. to the effect that with the intervention of the respectables and in the larger interest to maintain peace and harmony they have compromised the matter. Similarly, statements of Soni Khan so of Sodhi Khan, Gamdoor Khan son of Sodhi Khan and Sodhi Khan son of Crl. Misc. No. M-29142 of 2010 (O&M) [ 3 ] Sadhu Khan were also recorded in case titled State v. Baljit Kaur etc. to the same effect.
In view of the statements of the parties, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings.
Consequently, in view of the above circumstances and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008 (4) S.C.C. 582 and 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, FIR No. 71 dated 28.5.2008 under Sections 308, 354, 341, 506, 323, 148, 34 IPC registered at Police Station Ahmedgarh (Annexure P1) and cross version in F.I.R. No. 71 dated 28.5.2008 under Sections 341, 506, 323, 34 IPC registered at Police Station Ahmedgarh (Annexure P2) are quashed with all consequential proceedings arising therefrom.
Petition is disposed of.
14.2.2012 ( RITU BAHRI ) Rupi JUDGE