Punjab-Haryana High Court
Mewa Singh And Others vs State Of Punjab And Another on 20 August, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-8588 of 2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M-8588 of 2013 (O&M)
Date of decision: 20.08.2013
Mewa Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MS JUSTICE RITU BAHRI
Present: Mr. Kuldip Singh Chaudhary, Advocate,
for the petitioners.
Mr. Amritpal Singh Gill, AAG, Punjab.
Mr. Arvinder Singh, Advocate,
for respondent Nos. 2 to 4.
RITU BAHRI, J.
Quashing of FIR No. 60 dated 22.08.2012, under Sections 341, 323, 427, 506, 148, 149 IPC, registered at Police Station Mullanpur Garibdass, District SAS, Nagar (Annexure P-2) is sought along with all subsequent proceedings arising therefrom on the basis of compromise dated 09.11.2012 (annexure P-3).
There is a dispute between the parties qua 1/4th share of Natha Singh in a plot measuring 1 Kanal, falling in Khasra No.103//79 (1-0) at village Chhoti Parchh and regarding which, civil litigation is pending in Civil Court at Kharar. Due to the said dispute, FIRs and counter FIRs have been registered against both the parties. The first FIR i.e. FIR No.380 dated 29.10.2007 was registered on the basis of the Prasher Ajay 2013.09.02 10:46 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Misc. No. M-8588 of 2013 (O&M) 2 statement of Natha Singh, alleging therein that on 28.10.2007, when he was standing in common plot, then Hardev Singh, armed with gandasi, Kulwant Singh, armed with axe, Phula Singh, armed with Lathi (stick), Nirmal Singh, armed with lathi (stick), Balkar Singh, armed with lathi (stick), Rani, Meena, armed with bricks, came there and inflicted injuries upon him and his sons namely Jasvir Singh and Mewa Singh. On this background, the aforesaid FIR was registered.
Thereafter, on 22.08.2012 another serious fight took place between the parties and FIR No.60 dated 22.08.2012 was registered on the basis of the statement of Kulwant Singh-respondent No.2, alleging therein that he is working as security guard in G.M.C.H., Sector 32, Chandigarh. On the date of incident, he was coming home on his bicycle. When he reached near a small bridge (pully) of his village, Mewa Singh and Jasvir Singh, who were already standing there, gave him injuries with knife and stick (danda). Thereafter, Natha Singh, Bimal Kaur, Rani and Balvir Singh also came there and gave him beatings. On this background, the FIR was registered. A cross DDR No.29 dated 22.08.2012 was also got registered by the opposite party.
During the pendency of the trial, with the intervention of the Panchayat and the respectables of the area, the matter has been compromised between the parties as per compromise deed dated 09.11.2012 (Annexure P-3).
In compliance with the order dated 23.05.2013, the parties got recorded their statements before the trial Court. A report of the Sub Divisional Judicial Magistrate, Kharar, has been received in this regard. Prasher Ajay Statement of Kulwant Singh-complainant has been recorded to the 2013.09.02 10:46 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Misc. No. M-8588 of 2013 (O&M) 3 effect that the matter has been amicably settled without any pressure, threat, undue influence or coercion from any quarter. He has no objection if the FIR is quashed. To the same effect is the statement of Mewa Singh, Jasvir Singh, Balvir Singh, Bimla Kaur, Rani and Natha Singh-petitioners. The compromise is voluntarily and without any pressure or coercion.
Taking into account that the matter has been amicably settled between the parties as per compromised deed dated 09.11.2012 (Annexure P-3), 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 in the interest of justice.
Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court 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, this Court is of the opinion that no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 60 dated 22.08.2012, under Sections 341, 323, 427, 506, 148, 149 IPC, registered at Police Station, Mullanpur Garibdass, District S.A.S. Nagar (Mohali) is quashed with all consequential proceedings arising therefrom qua the petitioners.
The petition stands disposed of accordingly.
(RITU BAHRI) 20.08.2013 JUDGE ajp Prasher Ajay 2013.09.02 10:46 I attest to the accuracy and integrity of this document High Court Chandigarh