Hanso Rani @ Harbans Kaur And ORS v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-26421 of 2020 Date of decision : 07.09.2020 Hanso Rani and ors.

......Petitioners versus State of Punjab and another

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. B.S. Bhalla, Advocate for the petitioners.

**** RITU BAHRI , J. (Oral) Issue notice of motion.

On asking of the Court, Mr. Hittan Nehra, Addl.A.G, Punjab and Mr. S.P.Singh, Advocate accepts notice on behalf of the respondentState and respondent No. 2 respectively. Quashing of FIR No. 196 dated 19.09.2019 under Sections 324/341/34 IPC, registered at Police Station Dharamkot, District Moga, is being sought on the basis of compromise deed dated 05.08.2020 (Annexure P-2).

The above mentioned F.I.R was got registered on the complaint made by respondent No. 2 with the allgations that when he reached in front of the house of his neighbour Jyot Singh, then Jyot Singh was already standing there armed with Khanda, Suraj Singh, Tara Singh and Hanso were empty handed. They stated catch hold of respondent No. 2 and he should

not be spared. Jyot Singh gave khanda blow, which hit on left hand and then Suraj Singh caught hold of respondent No. 2 and Tara Singh along with Hanso Rani started beating him. They dragged him inside the house and gave kick blows. On raising noise, they ran away from the spot. Then the brother of respondent No. 2 got admitted him in Civil Hospital, Moga. However, with the intervention of respectables, the matter has now been duly compromised, on the basis of compromise deed dated 05.08.2020 (Annexure P-2).

Learned State counsel on instructions from ASI Rachhpal Singh has informed the Court that there is no cross case, no P.O proceedings are pending and no challan has been presented till date. Keeping in view prevailing COVID-19 situation and the factthat the compromise has been effected between the parties vide compromise deed dated 05.08.2020 (Annexure P-2), whereby they have decided to get the F.I.R quashed, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of F.I.R in the interest of justice. Consequently, in view of the judgment of the Hon'ble Supreme Court in cases of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 09 dated 24.01.2020 under Sections 307/452/354/427/506/148/149 IPC, registered at Police Station Sarai,

Amanat Khazn, District Tarn Taran is quashed along with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of.

07.09.2020 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No