Balbir Singh and Others Vs. State of Punjab and and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1039487
CourtPunjab and Haryana High Court
Decided OnMay-10-2013
AppellantBalbir Singh and Others
RespondentState of Punjab and and Others
Excerpt:
crm-m-36852 of 2012 (o&m).in the high court of punjab and haryana at chandigarh date of decision: may 10, 2013. (1) crm-m-36852 of 2012 (o&m).balbir singh and others ....petitioners versus state of punjab and and others ....respondents *** present mr.g.p.singh, advocate, for the petitioners.mr.g.s.sidhu, aag., punjab. mr.ashok giri, advocate, for respondent no.2 to 5. *** (2) crm-m-36862 of 2012 (o&m).ranjit singh and others ....petitioners versus state of punjab and and others ....respondents *** coram: hon'ble mr.justice m.m.s.bedi present mr.ashok giri, advocate, for the petitioners.mr.g.s.sidhu, aag., punjab. mr.g.p.singh, advocate, for respondent no.2 to 6. 1 crm-m-36852 of 2012 (o&m).m.m.s.bedi, j. (oral) this order will dispose of the above noted two petitions seeking quashing of fir no.45 dated 5.7.2010, under sections 307, 324, 323, 148 & 149 ipc and under section 25 of the arms act, police station, dera baba nanak, district batala, as well as cross case registered in the said fir. the fir was registered at the instance of sukhdev singh respondent no.2 in crm-m-36862-2012, against ranjit singh and others alleging that the petitioners constituted an unlawful assembly and jugraj singh fired hitting none. as per the cross- version recorded at the instance of jugraj singh, balbir singh and other petitioners in crm-m-36852-2012, inflicted injuries on jugraj singh and respondent nos.3 & 4. the parties belong to the same village shampura in tehsil dera baba bakala, district batala. it appears that cancellation report was submitted by the police but it was not accepted on the ground that offences are not compoundable. the illaqua magistrate appears to have at one stage issued a direction for further investigation. both the parties claim that the matter has been compromised. they were directed to appear in the court of the sub divisional judicial magistrate, batala. davinder singh and kehar singh, petitioner nos.4 & 5, in crm-m-36852-2012, had appeared before the said court and filed an application on 23.3.2013, for getting their statements recorded which could not be recorded on 2 crm-m-36852 of 2012 (o&m).account of absence of complainant as well as the investigating officer. statements of all the affected persons were recorded on 6.4.2013. in view of the statements of the complainants in both, the fir as well as the cross-version, i am satisfied that the matter has been compromised voluntarily. following the judgment in case kulwinder singh and others versus state of punjab, 2007(3) rcr (crl.).page-1052 the fir as well as the cross-version, in the exercise of powers under section 482 cr.p.c., can be quashed as it will in the benefit of both the parties who belong to the same village and have resolved the controvers.amicably. there do not seem to be any grudge against each other and no objection in case the fir as well as the cross-version are quashed. the petitions are allowed. the above said fir and the cross-version as well as all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise. (m.m.s.bedi) may 10, 2013. judge rka 3
Judgment:

CRM-M-36852 of 2012 (O&M).IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: May 10, 2013.

(1) CRM-M-36852 of 2012 (O&M).Balbir Singh and others ....Petitioners Versus State of Punjab and and others ....Respondents *** PRESENT Mr.G.P.Singh, Advocate, for the petitioneRs.Mr.G.S.Sidhu, AAG., Punjab.

Mr.Ashok Giri, Advocate, for respondent No.2 to 5.

*** (2) CRM-M-36862 of 2012 (O&M).Ranjit Singh and others ....Petitioners Versus State of Punjab and and others ....Respondents *** CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI PRESENT Mr.Ashok Giri, Advocate, for the petitioneRs.Mr.G.S.Sidhu, AAG., Punjab.

Mr.G.P.Singh, Advocate, for respondent No.2 to 6.

1 CRM-M-36852 of 2012 (O&M).M.M.S.BEDI, J.

(ORAL) This order will dispose of the above noted two petitions seeking quashing of FIR No.45 dated 5.7.2010, under Sections 307, 324, 323, 148 & 149 IPC and under Section 25 of the Arms Act, Police Station, Dera Baba Nanak, District Batala, as well as cross case registered in the said FIR.

The FIR was registered at the instance of Sukhdev Singh respondent No.2 in CRM-M-36862-2012, against Ranjit Singh and others alleging that the petitioners constituted an unlawful assembly and Jugraj Singh fired hitting none.

As per the cross- version recorded at the instance of Jugraj Singh, Balbir Singh and other petitioners in CRM-M-36852-2012, inflicted injuries on Jugraj Singh and respondent Nos.3 & 4.

The parties belong to the same village Shampura in Tehsil Dera Baba Bakala, District Batala.

It appears that cancellation report was submitted by the police but it was not accepted on the ground that offences are not compoundable.

The Illaqua Magistrate appears to have at one stage issued a direction for further investigation.

Both the parties claim that the matter has been compromised.

They were directed to appear in the Court of the Sub Divisional Judicial Magistrate, Batala.

Davinder Singh and Kehar Singh, petitioner Nos.4 & 5, in CRM-M-36852-2012, had appeared before the said Court and filed an application on 23.3.2013, for getting their statements recorded which could not be recorded on 2 CRM-M-36852 of 2012 (O&M).account of absence of complainant as well as the Investigating Officer.

Statements of all the affected persons were recorded on 6.4.2013.

In view of the statements of the complainants in both, the FIR as well as the cross-version, I am satisfied that the matter has been compromised voluntarily.

Following the judgment in case Kulwinder Singh and others versus State of Punjab, 2007(3) RCR (Crl.).Page-1052 the FIR as well as the cross-version, in the exercise of powers under Section 482 Cr.P.C., can be quashed as it will in the benefit of both the parties who belong to the same village and have resolved the controveRs.amicably.

There do not seem to be any grudge against each other and no objection in case the FIR as well as the cross-version are quashed.

The petitions are allowed.

The above said FIR and the cross-version as well as all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise.

(M.M.S.BEDI) May 10, 2013.

JUDGE rka 3