Hansa Singh vs State Of Punjab And Anr
2022 Latest Caselaw 12722 P&H

CRM-M-6305 of 2021                                           {1}


            IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH


131                                       CRM-M-6305 of 2021
                                          Date of decision:30.09.2022


Hansa Singh and others                         ... Petitioners

                           Vs.


State of Punjab and another                    ... Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:-    Mr. Shubham Goyal, Advocate for
             Mr. Sandeep Godara, Advocate
             for the petitioners.

             Mr. P.S.Grewal, DAG, Punjab.

             Mr. J.S.Grewal, Advocate
             for respondent No.2.

SUVIR SEHGAL, J. (Oral)

Instant petition has been filed under Section 482 of the Code of

Criminal Procedure, 1973 for quashing of FIR No.0142 dated 04.09.2020

registered for offences under Sections 452, 323, 506, 148, 149 of Indian

Penal Code, 1860, at Police Station Talwandi Chaudhrian, District

Kapurthala (Annexure P-1), alongwith all subsequent proceedings arising

therefrom, on the basis of compromise deed dated 26.10.2020

(Annexure P-2).

Counsel for the petitioners submits that FIR (Annexure P-1) is

an outcome of a trivial dispute amongst the co-villagers, which has been

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CRM-M-6305 of 2021 {2}

amicably settled by compromise (Annexure P-2). He submits that parties

have appeared before the Trial Court and their statements have been

recorded in support of the compromise.

Upon instructions received from ASI Jaswinder Singh, State

counsel submits that matter is under investigation.

Counsel representing the complainant-respondent No.2 has

admitted the factum of compromise and supports the prayer made in the

petition.

Heard counsel for the parties.

Vide order dated 11.02.2021, this Court directed the parties to

appear before the Trial Court for recording of their statements and a report

was called for regarding genuineness of the compromise as also as to

whether any other person has been nominated as an accused and whether

any of the named persons has been declared as Proclaimed Offender etc.

Report has been received from the Trial Court and its relevant extract is as

under:-

(I) Parties have affected settlement/compromise which is

genuine, voluntary and out of free will and is not the result of

any threat, pressure or undue influence etc., in any manner.

(II) As per statement of investigating officer, no other

criminal case is pending against either of the parties.

(III) As per statement of investigating officer, Hansa Singh

s/o Kulwant Singh, Jasbir Singh s/o Hansa Singh, Jaswinder

Singhy s/o Hansa Singh, Harbans Singh s/o Kulwant Singh,

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CRM-M-6305 of 2021 {3}

Harjit Kaur @ Giano @ Surjeet Kaur w/o Mohan Singh and

Seema Rani w/o Hansa Singh all residents of village Amritpur,

Talwandi Chaudhrian, District Kapurthala is the party in this

case and only complainant/respondents i.e. Pritam Singh s/o

Mukhtiar Singh r/o village Amritpur, Talwandi Chaudhrian,

District Kapurthala is the aggrieved party in this case and

there is no other aggrieved party in present case.

(IV) As per statement of investigating officer, no other

accused except the petitioner is the party in the present case

and none of the petitioner/accused have been declared

proclaimed offender in the present case nor any proceedings

for declaring them as proclaimed offender is pending.

(V) It is further submitted that as per report made by the

ahlmad of the Court of undersigned that the challan in the

present case is not yet presented in the Court and further there

is no any cross case etc be filed before this Court."

It is evident that FIR (Annexure P-1) is an outcome of dispute,

which has taken place between the residents of same area and has been

amicably settled. The dispute is entirely private in nature and does not have

any impact on the society. Parties have decided to bury the hatchet and lead

a peaceful co-existence.

In view of the above development, report of the Trial Court and

the judgment of Supreme Court in Parbatbhai Aahir alias Parbatbhai

Bhimsinhbhai Karmur and others Versus State of Gujarat and another

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CRM-M-6305 of 2021 {4}

(2017) 9 SCC 641, this Court is of the opinion that quashing of the criminal

proceedings will go long way in bringing about harmony amongst the co-

villagers.

Accordingly, instant petition is allowed. FIR No.0142 dated

04.09.2020 registered for offences under Sections 452, 323, 506, 148, 149

of Indian Penal Code, 1860, at Police Station Talwandi Chaudhrian, District

Kapurthala (Annexure P-1) and all subsequent proceedings arising

therefrom, are quashed qua the petitioners.

                                                       (SUVIR SEHGAL)
September 30, 2022                                         JUDGE
savita

Whether Speaking/Reasoned                                   Yes
Whether Reportable                                          Yes




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