Punjab-Haryana High Court
Kulwant Singh And Others vs State Of Punjab And Others on 4 September, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
CRM No. M-17623 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
1. CRM No. M-17623 of 2013 (O&M)
Kulwant Singh and others ....Petitioners
versus
State of Punjab and others ...Respondents
2. CRM No. M-17620 of 2013 (O&M)
Nirvail Singh and others ....Petitioners
versus
State of Punjab and others ...Respondents
Date of decision : 04.09.2013
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Amit Arora, Advocate
for the petitioners in Crl. Misc. No. M-17623 of 2013
and for respondent No. 2 and 3 in Crl. Misc. No. M-17620 of 2013
Mr. Amrit Pal Singh Gill, AAG, Punjab
Mr. Paramjit Singh Kanwar, Advocate
for the petitioners in Crl. Misc. No. M-17620 of 2013 and
for respondent Nos. 2 and 3 in Crl. Misc. No. M-17623 of 2013
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RITU BAHRI , J. (Oral)
By this common order, Crl. Misc No. M-17623 of 2013 & Crl. Misc No. M-17620 of 2013 shall be decided together wherein prayer is for quashing of FIR No. 21 dated 05.02.2012 under Sections 341/323/324/379/427/506/148/149 IPC (326 IPC added later on), registered at Police Station Jhabal, Distt. Tarn Taran and cross case/D.D.R No. 22 dated 08.02.2012 under Sections 323/324/506/148/149 IPC Arora Gaurav 2013.09.28 11:20 I attest to the accuracy and integrity of this document CRM No. M-17623 of 2013 (O&M) -2- (Section 326 IPC added later on) in the aforesaid F.I.R, registered at Police Station Jhabal, Distt. Tarn Taran and subsequent proceedings arising therefrom on the basis of compromise dated 08.05.2013 (P-3).
The F.I.R and the cross case were got registered by the parties herein against each other. F.I.R was got registered by Kashmir Singh as there was some minor dispute regarding the land measuring 2 kanals 17 marlas between the parties. The civil litigation between the parties regarding the said land is also pending. Both the parties received injuries in the said fight and the F.I.R and the cross case was registered After the investigation in the F.I.R, challan was presented and at that stage, the matter has been compromised due to intervention of respectable of the area. Compromise deed is dated 08.05.2013 has already been placed on record to this effect in both the petitions.
In compliance of order dated 27.05.2013, the parties got recorded their statements and report of Addl. Chief Judl. Magistrate, Tarn Taran has been received in this regard. As per report, statements of complainant-Kashmir Singh has been recorded in which he has stated he has arrived into compromise with accused- petitioners-Gurdev Singh and Gurmit Singh along with Member Panchayat Kabal Singh were recorded. Complainant-Kashmir Sing has submitted that he is complainant in F.I.R No. 21/22 under Sections 325/323/341/427/506/34 IPC. Accused Gurdev Singh and Gurmit Singh have also recorded their separate statements with regard to the validity of compromise. Kabal Singh-Member Panchayat has identified Kashmir Singh-the complainant and the accused persons.
Similarly, in cross case, statements of complainant Gurdev Singh, Arora Gaurav 2013.09.28 11:20 I attest to the accuracy and integrity of this document CRM No. M-17623 of 2013 (O&M) -3- injured/eye witness Gurmit Singh, accused Nirvail Singh, Rajinder Singh and Kashmir Singh along with Member Panchayat Kabal Singh were recorded. Complainant- Gurdev Singh in his statement has submitted that he has compromise the matter with the accused persons and has no objection if the cross case be quashed against them. accused Nirvail Singh, Rajinder Singh and Kashmir Singh have also recorded their separate statements with regard to the validity of compromise. Kabal Singh- Member Panchayat has identified Gurdev Singh-the complainant and the accused persons.
Taking into account that the compromise has been effected between the parties and the compromise deed is dated 08.05.2013 placed on record in both the petitions whereby the parties have decided to get the F.I.R and cross case 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 cross case in the interest of justice.
Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab (supra), the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another (supra), no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 21 dated 05.02.2012 under Sections 341/323/324/379/427/506/148/149 IPC (326 IPC added later on), registered at Police Station Jhabal, Distt. Tarn Taran and cross case/D.D.R No. 22 dated 08.02.2012 under Sections 323/324/506/148/149 IPC (Section 326 IPC added later on) in the aforesaid F.I.R, registered at Police Station Jhabal, Distt. Tarn Taran is quashed with all Arora Gaurav 2013.09.28 11:20 I attest to the accuracy and integrity of this document CRM No. M-17623 of 2013 (O&M) -4- consequential proceedings arising therefrom qua petitioners.
The petitions stands disposed of.
04.09.2013 (RITU BAHRI) G.Arora JUDGE Arora Gaurav 2013.09.28 11:20 I attest to the accuracy and integrity of this document