Punjab-Haryana High Court
Darshan Singh vs State Of Punjab And Another on 27 April, 2023
CRM-M-3330-2022 -1-
2023:PHHC:060666
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
304 CRM-M-3330-2022
Date of decision : 27.04.2023
Darshan Singh
...... Petitioner
V/S
State of Punjab and Anr.
..... Respondents
CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Ashish Gupta, Advocate
for the petitioner.
Mr. M.S.Joshi, Addl. A.G. Punjab.
Mr. Gurbhej Singh, Advocate for respondent No.2.
****
AMARJOT BHATTI J. (ORAL)
The petitioner- Darshan Singh has filed the instant petition under
Section 482 of Cr.P.C. for quashing of FIR No.106 dated 30.09.2016, under
Section 354 of IPC, registered at Police Station Badhni Kalan, District Moga as
well as judgment of conviction dated 22.07.2019 passed by learned Sub Divisional
Judicial Magistrate, Nihal Singh Wala and all other subsequent proceedings on the
basis of compromise between the parties dated 09.12.2021 (Annexure P-3).
As per the facts of the case, the complainant -Amandeep Kaur gave
her statement to the police that on the day of occurrence i.e. 17.09.2016 at about
7:15 PM her mother-in-law Mukhtiar Kaur was standing in front of the gate and
she was making food. Darshan Singh came to their house and asked about her
LALIT SHARMA
2023.04.29 15:54
I attest to the accuracy and
integrity of this
order/judgment
2023:PHHC:060666
husband. Darshan Singh told her that she was being called "Kabootri" by her
husband. In the meantime, her mother-in-law also came there. Darshan Singh
outraged her modesty as well as of her mother-in-law by opening strings of
salwars. He called them of lower caste and harassed them. Her mother-in-law
called Bhinder Kaur, Member Panchayat. Thereafter, he started abusing them.
She ran inside the house and he caught hold of her shirt from behind. He also held
her from her neck. Thereafter, he left the house abusing her. On the arrival of her
mother-in-law and Bhinder Kaur she narrated entire occurrence to them. After
enquiry the present FIR has been registered.
In the case in hand the present petitioner was convicted and
sentenced in Criminal Case No.25/2017, CIS No.CHI/26/2017 decided on
22.07.2019 (Annexure P-2) vide which he was convicted under Section 354 of IPC
to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/- in
default of payment of fine further undergo rigorous imprisonment for one month.
The appeal preferred by the petitioner is pending before the Additional Sessions
Judge, Moga. The present quashing has been filed on the basis of compromise
dated 09.12.2021 (Annexure P-3)
The petitioner and respondent No.2 were directed to appear before the
trial Court/Illaqa Magistrate for recording their statements on the basis of
compromise. The detailed report regarding compromise has been received from
the court of Additional Sessions Judge, Moga vide letter No.105 dated 05.04.2022.
The statement of respondent No.2 has been recorded, where she confirmed the
compromise with the petitioner. She confirmed that this compromise has been
effected without any pressure, coercion from any side and she has no objection
regarding quashing of FIR.
LALIT SHARMA
2023.04.29 15:54
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2023:PHHC:060666
The petitioner-Darshan Singh also confirmed this fact in his separate
statement. The statement of ASI Gurmej Singh is also recorded who further
confirmed that the accused is neither involved in any other case nor has been
declared as proclaimed offender.
Therefore, from the report of Additional Sessions Judge, Moga, it is
clear that the compromise has been effected between the parties without any
pressure, coercion or undue influence, which is acceptable to both the parties. Both
the parties are residents of same locality and it would enable them to live in peace and
harmony. They have mutually settled all their disputes. It will end the litigation
started between them. No purpose would be served with the continuation of
criminal proceedings.
Therefore considering these facts the petition filed by the petitioner is
accepted and FIR No.106 dated 30.09.2016, under Section 354 of IPC, registered
at Police Station Badhni Kalan, District Moga as well as judgment of conviction
dated 22.07.2019 passed by learned Sub Divisional Judicial Magistrate and the
consequential proceedings arising therefrom are quashed.
Accordingly, the present petition stands accepted.
(AMARJOT BHATTI )
JUDGE
27.04.2023
Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
LALIT SHARMA
2023.04.29 15:54
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integrity of this
order/judgment
