Kashmir Singh @ Setha And Others vs State Of Punjab And Others
2022 Latest Caselaw 16015 P&H

CRM-M-39252 of 2021                                               {1}


            IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH


291                                        CRM-M-39252 of 2021
                                           Date of decision:07.12.2022


Kashmir Singh @ Setha and others                ... Petitioners

                            Vs.

State of Punjab and others                      ... Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:-     Mr. Jogendra Pundir, Advocate for
              Mr. Ashok Giri, Advocate
              for the petitioners.

              Mr. Jashanpreet Singh, DAG, Punjab.

              Mr. Ravi Rana, Advocate
              for respondents No.2 to 4.

SUVIR SEHGAL, J. (Oral)

On 20.07.2022, this Court passed the following order in the

main case:-

"Instant petition has been filed under Section 482

Cr.P.C., seeking quashing of FIR No.181 dated 01.11.2019

registered under Sections 307, 458, 354, 427, 323, 324, 506,

148, 149 of Indian Penal Code, 1860 and Sections 25, 27 of

Arms Act, 1959 at Police Station Ajnala, District Amritsar

(Annexure P-1) and all subsequent proceedings arising

therefrom on the basis of compromise dated 09.12.2019

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(Annexure P-2).

Counsel for the petitioners submits that altercation took

place between the parties on account of party faction in the

village. He submits that the petitioner and private respondents

are co-villagers and they have amicably settled the dispute by

virtue of compromise (Annexure P-2). By referring to report

(Annexure P-5), counsel submits that offences under Sections

307, 458 IPC and Sections 25, 27 of Arms Act, 1959, have been

deleted. Insofar as offence under Section 354 IPC is

concerned, counsel submits that a perusal of allegations

levelled in the FIR shows that there was no intention to outrage

the modesty of the lady.

Upon instructions from ASI Arvinder Singh, State

counsel submits that deletion has been carried out, vide GDR

No.35 dated 14.07.2022, though he submits that the matter is

under investigation.

Counsel representing the complainant-respondent No.2

and injured-respondents No.3 and 4 has admitted the factum of

compromise and does not dispute the statement made by

counsel for the petitioner.

The parties and Investigating Officer are directed to

appear before the Trial Court/Area Magistrate on 22.09.2022

or on any day thereafter, as ordered by the Magistrate for

getting their statements recorded with regard to the

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compromise. The Trial Court/Area Magistrate shall submit a

report specifying the following:-

1. the number of accused arraigned in the FIR and how

many have appeared before it and have made statements

and whether any accused is absconding/P.O. in the case;

                   2. the       name       of     the     complainant    and

                   injured/aggrieved       and whether all of them have

appeared and made their statements in support of the

compromise;

3. the stage of trial/proceedings;

4. if the compromise is genuine, voluntary and out of free

will of the parties.

5. whether any other criminal case is pending against

the accused.

Report of Trial Court/Area Magistrate be awaited for

07.12.2022."

Report has been received from the Trial Court pursuant to

above reproduced order and its relevant extract is as under:-

"1) In the present case there are seven accused namely

Kashmir Singh @ Setha, Kuldip Singh, Mangal Singh,

Gurmukh Singh, Gagandeep Singh @ Gaganpreet Singh,

Sukhjit Singh and Kashmir Singh detailed above arrayed as

accused in FIR. All of the accused persons have appeared and

suffered statement in support of compromise. The accused

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persons have not been declared as proclaimed offender as per

the statement of IO and accused.

2) Statement of the IO had been recorded and as per his

statement, there is one complainant namely Joginder Singh and

aggrieved parties are complainant Joginder Singh and injured

Kala Singh & Paramjit Kaur. All have appeared and suffered

statement in support of compromise.

3) No trial has commenced and in the present case, only

FIR is pending.

4) As per the statement of the parties, the compromise is

genuine, voluntary and without any coercion or undue

influence.

5) There is no other criminal case pending against the

accused as per statement of IO and accused."

Facts reveal that altercation between the parties took place due

to some minor issue, which has been amicably settled. Parties, who are co-

villagers, have decided to give quietus to the dispute and lead a peaceful

life. This Court is of the opinion that quashing of the criminal proceedings

will go long way in bringing about harmony in the village.

Keeping in view the above developments, report of Trial Court

and judgments of Supreme Court in Narinder Singh Versus State of

Punjab (2014) 6 SCC 466 and Parbatbhai Aahir alias Parbatbhai

Bhimsinhbhai Karmur and others Versus State of Gujarat and another

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(2017) 9 SCC 641, this Court has no hesitation in exercising inherent power

under Section 482 Cr.P.C..

Accordingly, the petition is allowed. FIR No.181 dated

01.11.2019 registered under Sections 307, 458, 354, 427, 323, 324, 506,

148, 149 of Indian Penal Code, 1860 and Sections 25, 27 of Arms Act, 1959

at Police Station Ajnala, District Amritsar (Annexure P-1) and all

subsequent proceedings arising therefrom, are quashed qua petitioners.

                                                     (SUVIR SEHGAL)
December 07, 2022                                        JUDGE
savita

Whether Speaking/Reasoned                                 Yes
Whether Reportable                                        Yes




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