Punjab-Haryana High Court
Nirmal Singh And Ors vs State Of Punjab And Others on 6 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
2023:PHHC:156163
CRM-M-34125-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
286 CRM-M-34125-2023
Date of decision:06.12.2023
NIRMAL SINGH AND ORS «PETITIONERS
VERSUS
STATE OF PUNJAB AND OTHERS ... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Raman Kumar, Advocate
for the petitioners.
Mr. Anup Singh, AAG, Punjab.
Ms. Kulwinder Kaur, Advocate for
Ms. Satpreet Grewal Kapila, Advocate
for respondents No.2 to 6.
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.143 dated 24.11.2019 under Sections 323, 325, 148
and 149 of IPC, 1860, registered at Police Station Mehta, District
Amritsar Rural, Annexure P-1, along with all subsequent proceedings
arising therefrom, on the basis of compromise dated 04.07.2023,
Annexure P-3, arrived at between the parties.
2. Counsel for the petitioners submits that
complainant/respondent No.2 contested panchayat election against
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2023:PHHC:156163
petitioner No.3 and an altercation took place between the parties due to
political rivalry. Counsel submits that the dispute has been settled by
compromise, Annexure P-3.
3. Pursuant to order dated 20.09.2023 passed by this Court, report
has been received from the Judicial Magistrate, Baba Bakala Sahib,
relevant extract of which is as under:-
"1) As per the statement of Investigating
Officer, there were nine persons arrayed as accused
in the present FIR.
2) As per the statement of Investigating
Officer, none of the accused has been declared as
proclaimed offender.
3) After going through the statements
given by the parties and asked various questions to
know whether any compromise has been effected
(between the parties. I am satisfied that compromise
(sic has been) effected between the parties is
genuine, voluntary and is out of free will of the
parties.
4) As per the statements of parties and
Investigating Officer, only accused/petitioner No.4
Pardeep Singh is involved in another FIR bearing
No.222/2023, U/s 379-B, 34 IPC registered at PS
Makbulpura.
5) As per the statement of Investigating
Officer, there is one complainant namely Varinder
Singh and are four victims namely Narinder Singh,
Gurdeep Singh, Sarabjit Singh and Sulakhan Singh
involved of (sic in) present FIR."
4. Counsel representing respondents No.2 to 6 has admitted the
factum of settlement 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-3.
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2023:PHHC:156163
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.
8. Accordingly, the petition is allowed. FIR No.143 dated
24.11.2019 under Sections 323, 325, 148 and 149 of IPC, 1860,
registered at Police Station Mehta, District Amritsar Rural,
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
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