Lachhman Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-25.3.2022 LACHHMAN SINGH AND OTHERS ... Petitioners

Versus

STATE OF PUNJAB AND OTHERS ... Respondents *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. H.S. Gill, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

Mr. Abhishek Singla, Advocate for respondents No.2 to 4.

KARAMJIT SINGH , J. (Oral) Case has been heard through video conferencing on account of COVID-19 Pandemic.

CRM-41949-2021 Keeping in view the reasons mentioned in the application, the same is allowed and the main case is taken on board today itself. Main Case Present petition is for quashing of DDR/G.D No.2 dated 30.7.2018 under Sections 324, 323, 148, 149 IPC registered at Police Station

( 2 ) Talwandi Sabo District Bathinda in FIR No.198 dated 29.7.2018 registered under Sections 324, 323, 148, 149 IPC at Police Station Talwandi Sabo, District Bathinda on the basis of compromise dated 31.1.2020 (Annexure P3) along with other consequential proceedings arising thereto. The aforesaid DDR/DD was registered on the basis of the statement of complainant/respondent No.2-Manjit Singh, in which, he alleged that at the time of occurrence, the petitioners attacked and caused injuries to him, respondent No.3-Sukhmander Singh @ Mander, and respondent No.4-Iqbal Singh.

On notice of motion, respondents No.2 to 4 appeared in the Court through their counsel and pleaded that they have no objection if the FIR in this case is quashed on the basis of the aforesaid compromise which has been effected between the parties.

During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of the all the concerned parties with regard to genuineness and validity or otherwise of the aforesaid compromise.

In compliance thereof, report from the Court of Sub-Divisional Judicial Magistrate, Talwandi Sabo along with statements of the parties has been received, in which, it is mentioned that the compromise is genuine and there was no undue influence or coercion from any side. I have heard learned counsel for the parties Learned counsel for the parties are ad idem that in view of the settlement effected between the parties, the present petition deserves to be

( 3 ) accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

I am of the view that the aforesaid compromise is in the welfare and interest of the parties and will enable the parties to live in peace and enjoy their life in a dignified manner. Also there is no legal impediment in translating their wishes into reality by putting an end to the criminal prosecution initiated on the basis of FIR in question. For the reasons aforestated and having regard to the law laid down by Hon'ble Apex Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this petition is allowed and DDR/G.D No.2 dated 30.7.2018 under Sections 324, 323, 148, 149 IPC registered at Police Station Talwandi Sabo District Bathinda in FIR No.198 dated 29.7.2018 registered under Sections 324, 323, 148, 149 IPC at Police Station Talwandi Sabo, District Bathinda on the basis of compromise dated 31.1.2020 (Annexure P-3) and all the subsequent proceedings thereof are hereby quashed qua the petitioners.

( KARAMJIT SINGH) 25.3.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No