Kulwant Singh v. State Of Punjab And ORS.
-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.30.10.2017 Kulwant Singh @ Katti ........Petitioner Vs State of Punjab and others ........Respondents
Present:
Mr. Nikunj Dhawan, Advocate for Mr. Harsh Aggarwal, Advocate for the petitioner.
Mr. Bhupinder Beniwal, AAG, Punjab.
None for the complainant.
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) The present petition has been filed for quashing of F.I.R. No.123 dated 18.8.2016 (Annexure P-1) under Sections 307, 279, 506 IPC registered at Police Station Sadar Sangrur and all subsequent proceedings arising therefrom on the basis of compromise dated 3.9.2016 (Annexure P2). This Court vide order dated 21.08.2017 had directed the parties to appear before the Illaqa Magistrate/trial Court to get their statements recorded and the Illaqa Magistrate/trial Court was directed to send its report qua the genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before the learned Addl. Chief Judicial Magistrate, Sangrur and got their statements recorded. On the basis of the statements so recorded, learned Addl. Chief Judicial Magistrate, Sangrur has submitted his report dated
-225.09.2017 to the effect that the parties have arrived at a volunteer compromise.
Respondent No.2-complainant, namely, Rajinder Singh has made his statement with regard to compromise before the learned Addl. Chief Judicial Magistrate, Sangrur on 25.09.2017. The same is reproduced as under:- "Stated that the present FIR No.123 dated 18.08.2016 u/s 307, 279, 506 IPC of PS Sadar, Sangrur was registered on statement of Rajinder Singh against Kulwant Singh @ Katti aged about 47 years son of Bhag Singh son of Chatar Singh r/o Village Saron, Tehsil and District Sangrur. We have compromised with the accused as per compromise dated 3.9.2016 without any influence, coercion, pressure at our own with the intervention of respectables, relatives and Panchayat members. We have no further grudge remained against the accused. We want to live our life peacefully without any grievances with each other.
Accused has already filed the quashing proceedings before the Hon'ble Punjab and Haryana High Court vide CRM-M No.30551 of 2017 titled as Kulwant Singh @ Katti Vs. State of Punjab and another. We have no objection if the quashing proceeding filed by the accused be accepted on the basis of compromise effected between us. As we want to live peacefully in the future without any further dispute."
Learned State counsel has not disputed the factum of compromise between the parties. There is no representation for the complainant.
Since the factum of compromise has also been endorsed by the complainant before the Court below, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. Resultantly, this petition is allowed and F.I.R. No.123 dated
-318.8.2016 (Annexure P-1) under Sections 307, 279, 506 IPC registered at Police Station Sadar Sangrur and all subsequent proceedings arising therefrom are quashed on the basis of compromise dated 3.9.2016 (Annexure P-2).
(AMIT RAWAL) JUDGE October 30, 2017 Pankaj* Whether reasoned/speaking Yes Whether reportable No