Judgment:
IN THE COURT OF PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH -.- 1.
Crl.
Misc.
not M-41094 of 2012 Date of Decision:
2. 8.”
2013. Roop Singh & Anr......Petitioners Versus State of Punjab & Anr......Respondents.”
2. Crl.
Misc.
not M-41139 of 2012 Jagdish Singh & Ors......Petitioners Versus State of Punjab & Ors......Respondents.
CORAM: HON'BLE Ms.JUSTICE RITU BAHRI Present:- Mr.Virender Partap Singh, Advocate, for the petitioners (in Crl.
Misc.
not M- 41094 of 2012) for respondents No.2 & 3 (Crl.
Misc.
not M-41139 of 2012) Mr.Amrit Pal Singh, AAG, Punjab.
Mr.Maninder Arora, Advocate, for the petitioners (Crl.
Misc.
not M- 41139 of 2012) for respondent No.2 (in Crl.
Misc.
not M- 41094 of 2012).Ritu Bahri, J By this common order, Crl.
Misc not M-41094 of 2012 & Crl.
Misc not M-41139 of 2012 shall be decided together wherein prayer is for quashing of FIR No.37 dated 01.04.2007 under Sections 326/34 IPC, registered at Police Station, Sadar Pathankot, District Pathankot and cross case i.e FIR No.37 dated 01.04.2007 under Sections 323/324/326/452/506/34 IPC, registered at Police Station, Sadar Pathankot, Crl.
Misc.
No.41094 of 2012 -2- District Pathankot, and subsequent proceedings arising therefrom on the basis of compromise dated 15.12.2012.
Both the above said F.I.R's under different Sections were got registered by the parties herein against each other.
On 30.3.2007, Roop Singh was going to his home from Bus Stand.
When he reached near his brother's house Avtar Singh, he heard some hue & cry from his house.
Then he immediately went inside his brother's house and saw that his neighbours Jagdish Singh & his two sons Rakesh Kumar @ Laddi, Pankaj Kumar @ Laddi Panka and Mukhtiar Singh, S/o Pyara Singh, were fighting with his brother.
On the asking that why they were fighting, they gave kirpan blow to Roop Singh, which hit him on his left arm.
Pankaj gave dattar blow on his right leg.
Rakesh Kumar gave kirpan blow to his brother Avtar Singh, which hit him on his left hand, again he gave a kirpan blow on him, which hit him on his left hand.
On hearing hue and cry, people came there and all the accused ran away from the spot.
During the pendency of the trial, the matter has been compromised due to intervention of respectable of the area.
Compromise deed is dated 15.12.2012 has already been placed on record to this effect in both the petitions.
In compliance of order dated 21.12.2012, the parties got recorded their statements and report of Judicial Magistrate 1st Class, Pathankot, has been received in this regard.
As per report, statements of the parties have been recorded to the effect that they have arrived into compromise.
The compromise is voluntarily, without any pressure, coercion and with free will.
They have no objection if the F.I.R is quashed.
Crl.
Misc.
No.41094 of 2012 -3- Taking into account that the compromise has been effected between the parties and the compromise deed is dated 15.12.2012 placed on record in both the petitions whereby the parties have decided to get the F.I.R's, 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 D.D.R in the interest of justice.
Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court Madan Mohan Abbot versus 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.versus State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No.37 dated 01.04.2007 under Sections 326/34 IPC, registered at Police Station, Sadar Pathankot, District Pathankot and cross case i.e FIR No.37 dated 01.04.2007 under Sections 323/324/326/452/506/34 IPC, registered at Police Station, Sadar Pathankot, District Pathankot, are quashed with all consequential proceedings arising therefrom qua petitioneRs.Both the petitions stand disposed of.
( RITU BAHRI ) JUDGE 02 08.2013 monika Verma Monika 2013.08.12 11:52 I attest to the accuracy and integrity of this document chandigarh