Punjab-Haryana High Court
Jasvir Singh And Others vs State Of Punjab And Another on 14 January, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM M-38865 of 2013
Date of Decision : January 14, 2014
Jasvir Singh and others
.....Petitioners
VERSUS
State of Punjab and another
.....Respondents
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present : Mr. P.S.Dhaliwal, Advocate
for the petitioners.
Mr. Jaspreet Singh, Asstt. A.G., Punjab
for respondent No.1-State.
Mr. Mohd. Yousaf, Advocate
for respondent No.2.
T.P.S. MANN, J. (Oral)
Prayer made in the present petition filed under Section 482 Cr.P.C. is for quashing of FIR No. 66 dated 27.12.2009 registered at Police Station Mehal Kalan, District Barnala under Sections 341, 323, 506, 120-B IPC to which offence under Section 325 IPC was added later on.
According to the prosecution, the petitioners had assaulted respondent-Jatinder Singh on 27.12.2009 at 12.30 p.m. and caused injuries to him. Later on, ASI Ashok Kumar of Police Station Mehal Kalan recorded the statement of Jatinder Singh on the basis of which aforementioned FIR was registered. CRM M-38865 of 2013 -2-
The quashing of the FIR is sought on the ground of compromise, said to have been effected between the parties. Copy of the compromise deed stands appended to the present petition as Annexure P-2.
While issuing notice, a co-ordinate Bench of this Court vide order dated 20.11.2013 directed the parties to appear before Chief Judicial Magistrate/Ilaqa Magistrate for getting their statements recorded. The said Court after recording the statements of the parties was required to send a report regarding the genuineness of the compromise and also append the statements of the parties. Pursuant to the same, report has been received from the Chief Judicial Magistrate, Barnala wherein it stands mentioned that the parties appeared on 16.12.2013 and got their statements recorded. The said Court after hearing the parties in person and going through the statements recorded in the Court has opined that the compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. The statements made by the parties have been appended to the report.
Affidavit filed by respondent-Jatinder Singh confirming the factum of compromise is taken on record. Further, the State counsel, after obtaining instructions from ASI Jasvir Singh, has informed the Court that initially, the police had prepared the untraced report in view of the fact that the parties had amicably CRM M-38865 of 2013 -3- settled the matter but the same was not presented. However, till date, the final report under Section 173 Cr.P.C. has not been submitted so far.
Once the parties have amicably settled the matter between themselves by entering into a compromise and subsequently got recorded their separate statements before the Chief Judicial Magistrate, this Court is of the considered view that no useful purpose will be served by keeping the FIR registered against the petitioners alive any more. Ends of justice would be amply met if the same is quashed.
Resultantly, the petition is accepted and FIR No. 66 dated 27.12.2009 registered at Police Station Mehal Kalan, District Barnala under Sections 341, 323, 506, 120-B IPC to which offence under Section 325 IPC was added later on is quashed.
( T.P.S. MANN )
January 14, 2014 JUDGE
ajay-1
Kumar-I Ajay
2014.01.16 16:05
I attest to the accuracy and
integrity of this document
Chandigarh