Bhajan Singh And ORS v. State Of Punjab And ORS

GAURAV ARORA 2016.11.30 15:58 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-31301 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-31301 of 2016 Date of decision : 18.11.2016 Bhajan Singh and ors.

......Petitioners versus State of Punjab and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Shiv Charan Bhola, Advocate for the petitioners Mr. A.P.S. Gill, A.A.G. Punjab Mr. Gaurav Chadda, Advocate for respondent No. 2 to 6 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 95 dated 12.12.2013 under Sections 323/354/427/452/506/148/149 IPC and Section 25/27/54/59 of Arms Act, registered at Police Station Kabarwala, District Sri Muktsar Sahib, is being sought on the basis of compromise deed/affidavits dated 23.12.2013 (Annexure P-2 to P-6).

F.I.R has been registered against the petitioners at the instance of respondent No. 2 with the allegation that petitioners/accused came to the house of respondent No. 2 armed with pistol, gandassa and dangs and started damaging the household articles. Thereafter, they raised lalkaras and used vulgar words. Thereafter, on going, they threatened that if your son again fight with our son then they will kill Maninder Singh. On seeing gathering of people, they ran away from the spot. However, the matter has now been duly compromised, vide compromise deed/affidavits dated 23.12.2013 (Annexure P-2 to P-6). In compliance of order dated 06.09.2016, report dated

Crl. Misc. No. M-31301 of 2016 15.11.2016 of Civil Judge (Jr. Divn.) cum JMIC, Malout, has been received in this regard. As per report, statement of parties have been recorded. Statement of Complainant and injured persons namely Baljinder Kaur alias Balwinder Kaur, Sukhwinder Kaur, Maninder Singh and Navneet Kaur alias Navdeep Kaur have been recorded to the effect that the matter stands compromised between the parties and the complainant does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. To the same effect is the statement given by the petitioners. Consequently, in view of the status report dated 15.11.2016 and in view of the judgment of the Hon'ble Supreme Court in a case of Madan Mohan Abbot vs.

State of Punjab, 2008(2) RCR (Criminal) 429", and the law laid down by the Full Bench judgment of this Court in the case of "Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052",, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 95 dated 12.12.2013 under Sections 323/354/427/452/506/148/149 IPC and Section 25/27/54/59 of Arms Act, registered at Police Station Kabarwala, District Sri Muktsar Sahib, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

18.11.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No