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High Court of Punjab and HaryanaCRM-M/1916/2015allowed

Balwinder Singh And ORS v. State Of Punjab And ORS

2015-04-06Mr. Justice K.C. Gupta2 pages

CRM-M-1916,1917 & 5173 of 2015 (O&M) 

     (1) CRMM1916 of 2015 (O&M) Date of Decision:6.4.2015 Balwinder Singh and others %.Petitioners

Versus

State of Punjab and others %.Respondents (2) CRMM1917 of 2015 (O&M) Gurpreet Singh Kangar and others %.Petitioners

Versus

State of Punjab and others %.Respondents (3) CRMM5173 of 2015 (O&M) Rajwinder Singh and others %.Petitioners

Versus

State of Punjab and others %.Respondents      

Present:

Mr. Davinder Bir Singh, Advocate for the petitioners in CRMM1916 of 2015 and for respondent No.2 in CRMsM1917 & 5173 of 2015.

Mr. Daldeep Singh, Advocate for the petitioners in CRMsM1917 & 5173 of 2015 and for respondents No. 2 and 3 in CRMM1916 of 2015.

Mr. P.S. Grewal, DAG, Punjab for respondent No.1.  1.

The above petitions are filed for quashing of FIRs No.85 dated 8.7.2013 and 81 dated 4.7.2013 relating to Police Station Dayalpura, District Bathinda. ISHWAR SINGH GARHWAL 2015.04.08 09:22 I attest to the accuracy and authenticity of this document

CRM-M-1916,1917 & 5173 of 2015 (O&M) 2.

In FIR No.81, Gurmeet Singh was the complainant while the petitioners in CRMM1917 of 2015 were the accused. In the other FIR, Gurpartap Singh was the complainant and the petitioners in CRMM1916 of 2015 were the accused. Petitioners in CRMM5173 of 2015 were not named in FIR but were found involved during investigation. There was cross version of both side and the petitions were filed for quashing the FIRs on the basis of compromise before charge sheet was filed by the police in court. 3.

The factum of filing of the charge sheet will not come in the way as the same was put in after the petitions were filed here and also charges have not yet been drawn up.

4.

Since both parties are accusing one and another of offences like trespass, mischief and causing simple injuries, it is felt that it would be in the interest of justice if the FIRs are quashed and the parties are given an opportunity to live in peace and harmony.

5.

So, in view of the above circumstances and in view of authority reported as Kulwinder Singh and others Vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, the petitions are allowed. The above said FIRs and the proceedings connected therewith are hereby quashed. 6.

Disposed of.

                6.4.2015 ishwar ISHWAR SINGH GARHWAL 2015.04.08 09:22 I attest to the accuracy and authenticity of this document