Punjab-Haryana High Court
Baljit Kaur And Another vs State Of Punjab And Others on 18 December, 2023
REENA
2023:PHHC:162539
137
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-43278 of 2023
Date of Decision: December 18, 2023
Baljit Kaur and another
kesees Petitioners
versus
State of Punjab and others
seve Respondents
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
kK
Present:- Mr. Sahil Vashishat, Advocate
for the petitioners
Ms. Navreet K. Barnala, AAG Punjab
Mr. Rajpreet Brar, Advocate
for respondent No. 2
3K 2k 3
Harpreet Singh Brar, J. (Oral)
1. This petition has been filed under Section 482 of the Code of Criminal
Procedure seeking quashing of DDR No. 40 dated 03.08.2015 registered under
Sections 323, 324, 34 IPC at Police Station Dehlon, Ludhiana (Annexure P-1),
judgment of conviction dated 29.07.2023 (Annexure P-2) and all subsequent
proceedings arising therefrom in view of the compromise dated 31.07.2023
(Annexure P-4 ).
2. The DDR has been registered on the statement of complainant-
Harpreet Singh on the allegations that Avtar Singh having Sword, Pargat Singh
having Daat and Baljit Kaur having iron rod entered their house. Pargat Singh gave
daat blow upon him which hit upon right side of his head and second blow of
sword given by Avtar Singh, which hit upon his backside of his neck and when his
wife came to save him then Baljit Kaur hit three blows upon breast of his wife and
when she fell down, Baljit Kaur dragged her and abuse her, then Avatar Singh gave
leg blows upon his wife's stomach and gave sword blows upon her and Pargat
2023.12.23 10:35
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2023:PHHC:162539
Singh hold him tightly and pulled him on backside and Avtar Singh and Baljit
Kaur beaten his wife mercilessly. Now with the intervention of respectable
persons, the matter has been amicably compromised between the parties and they
have resolved their disputes and differences.
3. Learned counsel for the petitioners submits that accused namely
Pargat Singh S/o Surjit Singh has died.
4. Keeping in view the fact that the parties have entered into a
compromise, they were directed to appear before the trial court/Illaqa Magistrate
for getting their statements recorded in support of the compromise. In pursuance
of the direction, a report has been received from Judicial Magistrate 1* Class,
Ludhiana stating that the compromise arrived at between the parties is without any
pressure or coercion from any anyone and the same is a genuine one.
5. Learned Assistant Advocate General, Punjab on instructions from the
Investigating Officer and learned counsel for the complainant-respondent No.2
admit the factum of compromise and submit that in case the parties have indeed
settled their dispute, the State would have no objection to the quashing of the
DDR, in view of the law laid down by the Hon'ble Supreme Court.
6. I have heard learned counsel for the parties and have gone through the
record with their able assistance.
7. The parties have effected a compromise and resolved their dispute
amicably. A compromise not only brings peace and harmony between the parties
to a dispute, but also restores tranquility in the society. After considering the
nature of offences allegedly committed and the fact that both the parties have
amicably settled their dispute, continuance of criminal prosecution would be an
exercise in futility, as the chances of ultimate conviction are bleak. A two Judge
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Bench of the Hon'ble Supreme Court in Shakunta Sawhney (Mrs) Vs. Kaushalya
(Mrs.) and others (1980) 1 SCC 63, speaking through Justice V.R. Krishna Iyer,
has held as under:-
"4. ....The finest hour of justice arrives propitiously when parties,
despite falling apart, bury the hatchet and weave a sense of fellowship
or reunion.....
8. Consequently, keeping in view the fact that the dispute has been
amicably settled and in view of the law laid down by the Hon'ble Supreme Court in
Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466
and Ramgopal and another Vs. State of Madhya Pradesh 2021 SCC OnLine SC
834 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3)
RCR (Cri) 1052, this petition is allowed and DDR No. 40 dated 03.08.2015
registered under Sections 323, 324, 34 IPC at Police Station Dehlon, Ludhiana
(Annexure P-1) and all subsequent proceedings arising out of the same are quashed
qua petitioners including the judgment of conviction, order of sentence dated
29.07.2023 (Annexure P-2) is also set aside.
(HARPREET SINGH BRAR)
JUDGE
December 18, 2023
Pee
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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