Punjab-Haryana High Court
Sunil Kumar @ Bablu And Others vs State Of Punjab And Others on 24 April, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-39364 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-39364 of 2011 (O&M)
Date of decision : 24.04.2012
Sunil Kumar @ Bablu and others ......Petitioners
versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: None for the petitioners
Ms. Gagan Mohini, AAG, Punjab
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RITU BAHRI , J. (Oral)
Quashing of complaint bearing No. 322 dated 18.08.2006 under Sections 326/323/324/450/382/148/149/506 IPC, registered at Police Station City Barnala, District Gurdaspur is sought on the basis of compromise deed/affidavit dated 20.09.2011 (Annexure P2).
A complaint was registered on the statement of respondent No.2. On 07.07.2006, when the complainant/respondent No. 2 came to his house and was parking the motor cycle which is in the name of his father then the accused/petitioners were standing near Chakki Gurdial Singh situated at Kapuri Gate, Batala. Sunil @ Bablu and Lakha were armed with Datar, Kunta, Binny, Vipan @ Kaka and Karan were armed with dang, Pappu Crl. Misc. No. M-39364 of 2011 (O&M) -2- was armed with Iron fist. All the accused gathered there. When all the accused saw the complainant, Lakha raised lalkara, the complainant and his father had restrain all the accused not to do the eve-teasing. On seeing the accused, the complainant ran into his house and all the accused along with weapons also entered in the house of the complainant. Sunil @ Bablu gave the blow of his datar on the right leg of the complainant, on which the complainant fell on the ground and the other accused namely Vipan, Kaka, Binny and Karan gave the blow of dati dangs on the back side of the chest of the complainant. The complainant raised hue and cry to save him. On this, Vijay Puri who is the father of the complainant came at the spot to save the complainant. Pappu gave iron fist blow on the right eye of the father of the complainant. Vipan @ Kaka gave the blow of his dati dang on the elbow joint "kohni" of the left arm and Pappu gave another blow of his iron fist on the nose of the father of the complainant. In the above background, F.I.R was registered against the petitioners.
During the pendency of the trial, the parties have entered in to compromise, vide compromise deed/affidavit dated 20.09.2011 (Annexure P2).
In compliance of the order dated 02.01.2012, status report dated 19.01.2012 has been received from Addl. District and Sessions Judge, (Adhoc) Fast Track Court, Gurdaspur. As per this report, statements of the complainant/respondent No. 2, his father and accused/petitioners have been Crl. Misc. No. M-39364 of 2011 (O&M) -3- recorded in which they have admitted the factum of compromise. As per statement of respondent No. 2 and his father/respondent No. 3, they have admitted that they have reached at a compromise with the petitioners namely Sunil Kumar, Karan, Pappu, Lakha, Kintu, Binny and Vipin with the intervention of the respectables of the locality including Sh. Madan Gopal- father, one of the accused Sunil Kumar. They have further disclosed that both the parties are residents of same Mohalla and same locality and therefore, this compromise is in the ultimate benefit of both the parties concerned. The compromise is without any pressure or coercion and have no objection if the F.I.R in question be quashed against the petitioners. The compromise deed is Ex. C-2 duly signed by both the parties voluntarily. To the same effect, statement of the accused/petitioners have been recorded.
Consequently, in view of the status report dated 19.01.2012 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, complaint bearing No. 322 dated 18.08.2006 under Sections 326/323/324/450/382/148/149/506 IPC, registered at Police Station City Barnala, District Gurdaspur, is quashed with all consequential proceedings arising therefrom qua petitioners.
Crl. Misc. No. M-39364 of 2011 (O&M) -4-
The petition stands disposed of.
April 24, 2012 (RITU BAHRI) G.Arora JUDGE