Punjab-Haryana High Court
Balbir Singh vs State Of Punjab And Another on 25 March, 2022
CRM-M No. 7491 of 2022 --1--
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-7491-2022
Reserved on : 21.03.2022
Pronounced on: March 25, 2022
Balbir Singh ......Petitioner
Vs.
State of Punjab and another ......Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Navjot Singh, Advocate for the petitioner.
Mr. H.S. Sitta, AAG, Punjab.
***
ANOOP CHITKARA J.
FIR No. Dated Police Station Sections
85 22.05.2008 Bhawanigarh, District 307 IPC and Section 27 of Arms Act
Sangrur (Punjab)
Criminal Case no. before Sessions Case No.37 of 13.09.2008
trial Court BT No.37 of 08.04.2009
Decided on 27.04.2009
Criminal Appeal no. before CRA-S-1253-SB-2009 and
High Court Criminal Revision No.2930 of 2009
The petitioner(s), convicted in the above captioned FIR, has come up before this Court
under Section 482 CrPC for quashing of the FIR and all consequential proceedings including
judgment of conviction based on the compromise with the victim(s).
2. During the pendency of the petition, the accused and the victim(s) have compromised
the matter, and its copy is annexed with this petition.
3. After that, the petitioner(s) came up before this Court to quash the FIR, and in the
quashing petition, the victim(s) have been impleaded as respondent(s).
4. On 7-3-2022 Nachhatar Singh-respondent no. 2 stated before the ACJM Sangrur that
there would be no objection if the Court quashes this FIR and consequent proceedings. As per
the concerned Court's report dated 12-3-2022, the parties consented to the quashing of FIR
and consequent proceedings without any threat.
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CRM-M No. 7491 of 2022 --2--
5. It would be relevant to reproduce paragraph 4 of the quashing petition, which reads as
follows:
"That infact, the petitioner has filed Criminal Revision against his conviction
bearing No.CRR-2930-2009, which is admitted before this Hon'ble Court, further
the complainant has also filed a criminal appeal against acquittal of the co-
accused of the petitioner bearing No.CRA-S-1253-SB-2009, which is pending
before this Hon'ble Court. The copy of the judgment of conviction dated
27.04.2009 is annexed herewith as Annexure P-3"
6. Once the appeal and the revision arising out of the criminal trial are pending before this
court, the judicial etiquette demands that the present petition should have been filed in such
appeal/revision, with an application to club those matters. However, the petitioner filed a
separate independent petition. The proper course was to file a petition in the criminal appeal
against conviction and not by filing a separate petition. When an appeal against conviction is
pending adjudication before this court, it has to be decided on merits. The co-ordinate
benches do not exercise any superintending jurisdiction over each other. Thus, for the bench
hearing, the primary matter has to form an opinion about the acceptance or rejection of the
compromise.
7. Given above and since all the victims did not state about their no objection to the
compromise and also the reasons which led to the compromise, as such this court cannot
proceed further in this matter.
8. Given above, the petition is dismissed. However, liberty is reserved to the petitioner to
file a fresh petition and there would be no necessity re-examine Nachattar Singh and the
accused, whose statements stand recorded. The copies of the statements alongwith report
would suffice.
Petition dismissed in the terms mentioned above, with liberty reserved.
(ANOOP CHITKARA)
JUDGE
March 25, 2022
anju rani
Whether speaking/reasoned: Yes
Whether reportable: No.
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