Kulwinder Singh And ANR v. State Of Punjab And Others
-1S.No.236
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH **** Date of Decision:10.01.2022 Kulwinder Singh and another .....Petitioners Vs.
State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Vikas Bali, Advocate for the petitioners. Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Bhisham Kumar Majoka, Advocate for respondents No.2 and 3.
**** (Through Video Conferencing) VIKAS BAHL, J.
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./ This is the petition under Section 482 Cr.P.C. for quashing of FIR no.98 dated 04.06.2017 registered under Sections 323, 341, 506, 34 IPC, at Police Station Doraha, Police District Khanna, District Ludhiana and all the subsequent proceedings arising therefrom on the basis of compromise dated 30.08.2021.
Learned counsel for the petitioner has submitted that in the present case, there were three accused persons, out of
-2whom, one accused namely Tarlok Singh has died and thus, the present petition is being filed by the remaining two accused. It is submitted that respondent no.2 is abroad and has given General Power of Attorney to his father Mohan Singh, who has also been made respondent no.3. Notice of motion.
On advance notice, Mr.N.K.Banka, DAG, Punjab, appears and accepts notice on behalf of the State. Mr.Bhisham Kumar Majoka, Advocate, accepts notice on behalf of respondents no.2 (complainant) & also for respondent no.3. He states that in the present case, compromise has been effected and Mohan Singh (respondent no.3), father of Jagdish Singh (respondent no.2), is duly authorised by virtue of General Power of Attorney, to compromise the matter on behalf of respondent no.2. Further, reference has been made to the affidavit dated 24.08.2021 (Annexure P-3) which has been duly signed by respondent no.2 in which the factum with respect to compromise and there being no objection in case FIR is quashed, has been mentioned.
Accordingly, the parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 15 days. The Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the
-3following information:-
1. Number of persons arrayed as accused.
2. Whether any accused is proclaimed offender?
3. Whether the compromise is genuine, voluntary and without any coercion or undue influence?
4. Whether the accused persons are involved in any other FIR or not?
5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR. * 0 $ *
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*& -./ "A compromise has been effected between Kulwinder Singh, Ranjit Singh through him being Special Power of Attorney holder with the complainant Jagdish Singh S/o Mohan Singh through General Power of Attorney holder Sh. Mohan Singh without any pressure, coercion or any influence from any quarter and with their free will. The copy of the written compromise is Ex.3, which is admitted to be true and correct and he identified his signatures on the same. The copy of his Adhar card is Ex.D2. Further it is submitted that statement of Investigating Officer HC Charanjit Singh also recorded wherein he stated that in the present case name of complainant/ Victim is Jagdish Singh and apart
-4from Jagdish Singh, there is no other victim in the present case. The statements of the complainant namely Jagdish Singh (through his attorney Mohan Singh), accused namely Kulwinder Singh and Ranjit Singh (through his attorney Manjit Singh) in original are enclosed herewith. It is further submitted hat as directed by the Hon'ble High Court, record was perused and it reveals that there are total persons arrayed as accused in the present FIR (out of which accused Ranjit Singh was declared P.O vide order dated 24.05.2019 passed by the Court of the then Ld. S.D.J.M., Payal and accused Tirlok Singh died during the trial) and the accused Kulwinder Singh is on bail. It is further submitted that from the perusal of the statements of the parties it appears that the compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. The accused persons are also not involved in any other FIR except the present FIR. Further as per the statement of HC Charanjit Singh, Investigating Officer, only Jagdish Singh is the complainant/ victim in the present case.
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+ January 10, 2022 ( VIKAS BAHL ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No