Darshan Singh And Another v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-24.09.2021 Darshan Singh and another ... Petitioners

Versus

State of Punjab and another ... Respondents *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Kulwinder Singh, Advocate for the petitioners.

Mr. Sarabjit Singh Cheema, AAG, Punjab.

Mr. Ravi Kumar, Advocate for the complainant.

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

Present petition is for quashing of FIR No.127 dated 17.7.2020 registered under Sections 325/323/34 at Police Station City-2, District Mansa on the basis of compromise dated 2.4.2021 (Annexure P-2) along with other consequential proceedings arising thereto.

( 2 ) On notice, the counsel for complainant/respondent No.2Paramjit Kaur admitted the fact of 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 all the concerned parties with regard to genuineness and validity or otherwise of the compromise, by this Court.

In compliance thereof received report from the Court of Chief Judicial Magistrate, Mansa along with statements of the parties, in which it has been mentioned that the compromise has been genuinely arrived between the parties without any undue influence or coercion from any side. I have heard the counsel for the parties.

FIR in this case was registered under Sections 323/325/34 IPC on the basis of statement of respondent No.2 wherein she alleged that on 26.6.2020 when she returned to her house, she found that some one had put one extra lock on the main gate of her house. She broke open the said extra lock with the help of brick and unlocked the other lock with the key which was available with her. Then she entered her house and in the meantime her father-in-law Darshan Singh (petitioner No.1) and her brother-in-law Jaswinder Singh (petitioner No.2) both armed with wooden sticks came there and started abusing her. Both the petitioners started beating her with wooden sticks and when she raised alarm, they ran away. During arguments, the counsel for the petitioners and respondent No.2 are ad idem that the present petition deserves to be

( 3 ) accepted in view of the compromise effected between the parties. It has come on the record that the aforesaid compromise which has been effected between the parties is genuine and the parties have decided to keep harmony between them and to live peacefully in future. So, in the light of the law laid down by Hon'ble Supreme Court in Gian Singh vs. State of Punjab and another, 2012(4) RCR (Criminal) 543 and by the Hon'ble Full Bench of this Court in Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this Court is of the view that it would be in the interest of justice that parties are allowed to compromise the matter. In view of the above, the instant petition is accepted. Consequently the impugned FIR No.127 dated 17.7.2020 registered under Sections 325, 323/34 at Police Station City-2, District Mansa and all the other consequential proceedings arising thereto are hereby quashed, on the basis of compromise, qua the petitioners.

( KARAMJIT SINGH) 24.09.2021 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No