Punjab-Haryana High Court
Shamsher Singh And Another vs State Of Punjab And Another on 6 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
2023:PHHC:156222
CRM-M-46532-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
288 CRM-M-46532-2023
Date of decision:06.12.2023
SHAMSHER SINGH AND ANOTHER PETITIONERS
VERSUS
STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Ritesh Pandey, Advocate for the petitioners.
Mr. Anup Singh, AAG, Punjab.
Mr. Vinod Pundir, Advocate for respondent No.2.
2K 2 3
SUVIR SEHGAL J. (ORAL)
1. Instant petition has been filed under Section 482 of Cr.P.C. for
quashing of FIR No.90 dated 17.12.2021 under Sections 452, 323, 427,
506 and 34 of IPC, 1860, registered at Police Station Ghanie Ke Bangar,
District Batala, Annexure P-1, along with all consequential proceedings
arising therefrom, on the basis of compromise deed dated 24.08.2023,
Annexure P-2, arrived at between the parties.
2. Counsel for the petitioners submits that an altercation took
place between the parties because of a property dispute, which has been
amicably settled by compromise, Annexure P-2.
3. Pursuant to order dated 15.09.2023 passed by this Court, report
has been received from the Judicial Magistrate, Batala, relevant extract
of which is as under:-
Sheetal
2023.12.12 13:50
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Chandigarh
2023:PHHC:156222
"1) There are two accused persons
namely Shamsher Singh s/o Baljit Singh and Jodhbir
Singh s/o Baljit Singh both r/o Dabanwala, Tehsil
Batala, Distt. Gurdaspur have been arrayed as
accused in the present case. Both the accused have
been appeared in the Court and made their
statements. Neither of the accused is absconding or
PO in this case.
2) There is one complainant/injured
namely Sukhjinder Singh s/o Anup Singh r/o
Dabawal Kalan, District Gurdaspur in this case. He
has appeared in the Court and made his statement in
support or the compromise.
3) The present case is at the Trial stage.
4) After going through the statements of
the parties, this Court is satisfied that complainant
party has effected the compromise with the above
named accused with his own free will and without
any coercion or pressure from any corner and same
is found genuine.
5) Except the present FIR, there is no
other FIR pending against the above said accused
persons."
4. Counsel representing respondent No.2 has admitted the factum
of compromise with the petitioners.
5. Heard counsel for the parties.
6. Dispute has been amicably resolved amongst the parties with
the intervention of the respectables by virtue of compromise,
Annexure P-2.
7. In view of the report given by the learned Magistrate 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.
Sheetal
2023.12.12 13:50
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integrity of this document
Chandigarh
2023:PHHC: 156222
8. Accordingly, the petition is allowed. FIR No.90 dated
17.12.2021 under Sections 452, 323, 427, 506 and 34 of IPC, 1860,
registered at Police Station Ghanie Ke Bangar, District Batala,
Annexure P-1, along with all subsequent proceedings arising therefrom,
are quashed qua the petitioners.
06.12.2023 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
Sheetal
2023.12.12 13:50
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integrity of this document
Chandigarh
