Punjab-Haryana High Court
Ramandeep Singh Sandhu @ ... vs State Of Punjab And Others on 4 August, 2023
2023:PHHC:101191
CRM-M-17295-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
242 CRM-M-17295-2023
Date of decision:04.08.2023
RAMANDEEP SINGH SANDHU @ RAMANDEEP SINGH @
RAMNA BABA AND ANR. .. PETITIONERS
VS.
STATE OF PUNJAB AND OTHERS .. RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Tarun Singla, Advocate for the petitioners.
Mr. Kunwarbir Singh, AAG, Punjab.
Mr. Ravish Bansal, Advocate for
Mr. G.S. Simble, Advocate for respondents No.2 and 3.
2K 2 3
SUVIR SEHGAL J. (ORAL)
1. At the outset, counsel for the petitioners submits that in view
of the report received from the trial court, he may be permitted to
withdraw the petition insofar as petitioner No.1 is concerned.
2. Permission is granted.
3. Dismissed as withdrawn qua petitioner No.1.
4. Instant petition has been filed under Section 482 of Cr.P.C. for
quashing of FIR No.54 dated 11.06.2022 under Sections 458, 323, 427
and 34 of IPC, 1860, registered at Police Station Phool, District
Bathinda, Annexure P-1, alongwith all subsequent proceedings arising
therefrom, on the basis of panchayati compromise dated 16.07.2022,
Annexure P-2, arrived at between the parties.
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2023.08.09 17:31
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2023:PHHC:101191
5. While referring to the allegations levelled in the FIR,
Annexure P-1, counsel for the petitioners submits that FIR has been
registered by Gurwinder Singh @ Goggi alleging that 03 persons,
namely, Ramandeep Singh @ Ramna Baba (petitioner No.1), who was
armed with a rod, Harpreet Singh @ Chitti, armed with a wooden plank
and Jassi Singh (petitioner No.2), who was empty handed, scaled the
boundary wall and entered the poultry farm. Harpreet Singh @ Chitti hit
him on his head with the wooden plank, Ramandeep Singh @ Ramna
assaulted with a rod and Jassi Singh (petitioner No.2) incited the co-
accused. When Balkaran Singh tried to intervene, Ramandeep @ Ramna
and Harpreet Singh @ Chitti inflicted injuries on him also. It has been
alleged that the reason for attack was because the complainant had
stopped Harpreet Singh @ Chitti from creating nuisance. Counsel urges
that insofar as petitioner No.2 is concerned, offence under Section 458 of
IPC is not made out qua him as the petitioner was unarmed and no injury
has been attributed to him. He asserts that the dispute between the parties
has been settled by panchayati compromise, Annexure P-2, and the
parties have appeared before the trial court and recorded their statements.
6. Upon instructions from HC Jagjit Singh, State counsel submits
that during investigation, petitioner No.2 has been found to be innocent
and Ramandeep Singh has been apprehended, whereas the third accused
is on the run.
7. Counsel representing the private respondents has admitted the
factum of compromise with petitioner No.2.
8. Heard counsel for the parties.
ee
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9.
2023:PHHC:101191
Pursuant to order dated 12.04.2023, statements have been
recorded and a report has been received from the Magistrate, relevant
extract of which is as under:-
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"7, As per the statement of ASI Jaswinder
Singh No. 813/BTI, P.S. Phul there are three
accused in the present case. As per the statement of
complainant Gurbinder Singh @ Gurwinder Singh
and eye witness Balkaran Singh, the present FIR
was lodged at their instance against accused
Ramandeep Singh Sandhu @ Ramandeep Singh @
Ramna Baba, Harpreet Singh @ Chitti and Jasveer
Singh @ Jassi Singh @ Jassi.
2. As per the statement of ASI Jaswinder
Singh No. 813/BTI, P.S. Phul no accused has been
declared proclaimed offender.
3. The case is still pending for
investigation and challan/report under Section 173
Cr.P.C. has not yet been presented in the court.
4. As per the statement of complainant
Gurwinder Singh @ Gurbinder Singh and eye-
witness Balkaran Singh, the compromise has been
effected only with accused Jasveer Singh @ Jassi
Singh @ Jassi. The compromise effected between
complainant Gurwinder Singh @ Gurbinder Singh
and eye-witness Balkaran Singh and accused
Jasveer Singh @ Jassi Singh @ Jassi appears to be
genuine and valid and without any coercion or
undue influence. Statements of the abovesaid parties
were duly recorded before the undersigned and they
were duly identified by their respective counsels.
However, remaining accused Ramandeep Singh
Sandhu @ Ramandeep Singh @ Ramna Baba and
Harpreet Singh @ Chitti have not appeared before
the undersigned to get their statements recorded
regarding compromise and as per the statements of
complainant Gurwinder Singh @ Gurbinder Singh
and eye-witness Balkaran Singh, no compromise has
been effected with remaining accused Ramandeep
Singh Sandhu @ Ramandeep Singh @ Ramna Baba
and Harpreet Singh @ Chitti. It is further submitted
that accused Harpreet Singh @ Chitti has not
preferred any petition before the Hon'ble Punjab &
Haryana High Court for quashing the present FIR.
5. There are two _ complainant,
victim/injured namely Gurbinder Singh @
Gurwinder Singh and Balkaran Singh in this case."
2023:PHHC:101191
CRM-M-17295-2023 -4.
10. In view of the settlement, report given by the Trial Court and
the judgment of the Supreme Court in Gian Singh Versus State of
Punjab and another, 2012(4) RCR (Criminal) 543 and a Full Bench of
this Court in Kulwinder Singh vs. State of Punjab and another, 2007(3)
RCR (Criminal) 1052, this Court is of the view that keeping the criminal
proceedings alive would not serve any purpose and setting them aside
would enable the parties to lead a harmonious and peaceful life.
11. Accordingly, petition is allowed. FIR No.54 dated 11.06.2022
under Sections 458, 323, 427 and 34 of IPC, 1860, registered at Police
Station Phool, District Bathinda, Annexure P-1, and all subsequent
proceedings arising therefrom, are quashed qua petitioner No.2.
04.08.2023 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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