Gahran Singh And ORS v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 257 Criminal Miscellaneous No.M-37356 of 2015 (O & M) Date of Decision: January 15, 2016 Gahran Singh & others ..... PETITIONERS

VERSUS

State of Punjab & others ..... RESPONDENT . . .

CORAM:

HON'BLE MR. JUSTICE JASPAL SINGH . . .

1.

Whether Reporters of local papers may be allowed to see the judgment? 2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest? . . .

PRESENT: - Mr. Raman Goklaney, Advocate, for the petitioners. Mr. Arshdeep S. Kler, Assistant Advocate General, Punjab.

Mr. Manbir Singh Batth, Advocate, for respondent Nos.2 to 4.

. . .

Jaspal Singh, J (Oral) 1.

This is a petition under Section 482 Cr.P.C. for quashing Cross Version case under Sections 323, 336, 148, 149 IPC and Section 27 of Arms Act, registered on the statement of respondent No.2 - Satnam Singh vide Rapat No.49 dated July 2, 2011 (Annexure P-2) in FIR No.116 dated July 2, 2011 under Sections 324, 323, 148, 149, 325 AVIN KUMAR 2016.01.18 10:23 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

Crl. Misc. No.M-37356 of 2015 [2] IPC (Annexure P-1), Police Station, Sadar Fazilka and all subsequent proceedings arising therefrom, in view of compromise dated March 3, 2015 (Annexure P-4).

2.

In compliance of order dated November 2, 2015, report of Judicial Magistrate Ist Class, Fazilka, has been received to the effect that the compromise effected between the parties is voluntary, without any duress, coercion or threat of any kind, rather the same has been effected in order to keep peace, harmony and to restore cordial relations between the parties. Even otherwise, matter involved is personal in nature which has been amicably put at rest.

3.

In view of the above, this Court is of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of process of law and present compromise is for their benefit and will bring peace and harmony between them. 4.

Consequently, instant petition stands allowed. Cross Version case under Sections 323, 336, 148, 149 IPC and Section 27 of Arms Act, registered on the statement of respondent No.2 - Satnam Singh vide Rapat No.49 dated July 2, 2011 (Annexure P-2) in FIR No.116 dated July 2, 2011 under Sections 324, 323, 148, 149, 325 IPC (Annexure P-1), Police Station, Sadar Fazilka and all subsequent proceedings arising therefrom, are quashed qua the petitioners. (Jaspal Singh) January 15, 2016 Judge avin AVIN KUMAR 2016.01.18 10:23 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh