Full Judgment
CRM M-21163 of 2012 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
(1) Crl.
Misc.
not M-21163 of 2012 (O&M) Date of Decision: February 04, 2013.
Surinder Pal Singh and others .......PETITIONER(s).VERSUS State of Punjab and others .....RESPONDENT(s).(2) Crl.
Misc.
not M-21059 of 2012 (O&M) Chanchal Singh and others .......PETITIONER(s).VERSUS State of Punjab and others .....RESPONDENT(s).CORAM:- HON'BLE Mr.JUSTICE RAM CHAND GUPTA Present: Mr.Veneet Sharma, Advocate for the petitioners in CRM M-21163 of 2012 and for respondents No.2 to 7 in CRM M-21059 of 2012.
Mr.Deepak Garg, A.A.G., Punjab.
Mr.Anupam Bhardwaj, Advocate for respondents No.2 to 6 in CRM M-21163 of 2012 and for petitioners in CRM M-21059 of 2012.
******* RAM CHAND GUPTA, J.(Oral) This order will dispose of both the afore-mentioned petitions filed under Section 482 of the Code of Criminal Procedure for quashing CRM M-21163 of 2012 -2- of FIR No.171 dated 18.09.2011 under Sections 307, 336, 148 read with Section 149 of Indian Penal Code (for short 'IPC') and Sections 25 and 27 of Arms Act, 1959, registered at Police Station Jandiala, District Amritsar alongwith all other consequential proceedings arising therefrom as well as cross-case bearing Rapat Rojnamcha No.21 dated 19.09.2011 under Sections 307, 336, 148 read with Section 149 of IPC and Sections 25 and 27 of Arms Act, 1959, registered at Police Station Jandiala, District Amritsar in the said FIR alongwith all other consequential proceedings arising therefrom on the basis of compromise, having been entered between the parties.
I have heard learned counsel for the parties and have gone through the record.
It has been stated by learned counsel for the parties that both the cases are version and cross-version and that there was no recovery of any fire-arm from any of the accused.
Further submitted that both the parties belong to same village/locality and that the dispute between them has since been settled due to intervention of respectable persons and relatives from both the sides.
It is also contended that cases are still at the investigation stage.
Both the parties filed their respective affidavits admitting the the factum of compromise and stated that they are having no objection if the FIR and cross-case alongwith consequential proceedings are quashed.
These facts have not been disputed by learned counsel for CRM M-21163 of 2012 -3- the respondent-State on instructions from ASI Malkit Singh.
In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable.
It was so held by Full Bench of this Court in the case of Kulwinder Singh v.
State of Punjab, 2007(3) RCR (Crl.) 1052.
Hence, in the interest of harmonious relations between the parties, both the afore-mentioned petitions are allowed and the impugned FIR No.171 dated 18.09.2011 under Sections 307, 336, 148 read with Section 149 of IPC and Sections 25 and 27 of Arms Act, 1959, registered at Police Station Jandiala, District Amritsar alongwith all consequential proceedings qua petitioners Surinder Pal Singh, Navjinder Singh @ Navi, Kanwaljit Singh @ Lali, Harpreet Singh, Jagroop Singh and Kuldip Singh and cross-case bearing Rapat Rojnamcha No.21 dated 19.09.2011 under Sections 307, 336, 148 read with Section 149 of IPC and Sections 25 and 27 of Arms Act, 1959, registered at Police Station Jandiala, District Amritsar in the said FIR alongwith all consequential proceedings qua petitioners Chanchal Singh, Sandeep Singh, Balwinder Singh, Sukhdev Singh, Ajit Singh, Harpreet Singh, Baljit Singh, Sukhwinder Singh, Mangal Singh, Yadwinder Singh, Jagroop Singh and Rulda Singh are, hereby, quashed.
( RAM CHAND GUPTA ) February 04, 2013.
JUDGE Sachin M.