Punjab-Haryana High Court
Binder Singh @ Gurmahinder Singh vs State Of Punjab And Another on 20 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:164256
2023:PHHC:164256
CRM-M-49657-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(262)
CRM-M-49657-2023
Date of Decision:- 20.12.2023
Binder Singh @ Gurmahinder Singh and others ...Petitioners
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. K.B.S.Mann, Advocate
for the petitioners.
Mr. Anup Singh, AAG, Punjab
for State-respondent No.1.
Mr. Prateek Pandit, Advocate for
Mr. K.B.K. Mann, Advocate
for the respondent No.2.
****
SUVIR SEHGAL, J. (Oral)
1. Instant petition has been filed under Section 482 of the Code of
Criminal Procedure, 1973 seeking quashing of FIR No.17 dated
09.02.2018, registered for offences under Sections 379, 430, 427, 506, 148
and 149 of the Indian Penal Code, 1860, at Police Station Lambi, District
Sri Muktsar Sahib, Annexure P-1, along with all subsequent proceedings
arising therefrom, on the basis of the compromise, Annexure P-2, arrived at
between the parties, as well as affidavit, Annexure P-3, executed by
respondent No.2.
2. Counsel for the petitioners has contended that the primary
allegation against the petitioners is of having stolen canal water. He submits
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that the allegations do not attract the offence under Section 379, IPC and
the provision has been wrongly invoked by the State. Counsel submits that
petitioner's land is contiguous with complainant's land and the dispute has
been amicably resolved by compromise, Annexure P-2.
3. Counsel representing complainant-respondent No.2 does not have
any objection in case the compromise is given effect to and the criminal
proceedings are quashed.
4. Heard counsel for the parties.
5. Pursuant to order dated 03.10.2023 passed by this Court, report
has been received from the learned Judicial Magistrate, relevant extract of
which is as under:-
"1. As per statement of IO, Six persons were arraigned
as accused namely (1) Binder Singh alias Gurmahinder
Singh aged about 42 years son of Tar Singh, (2) Kashmir
Singh aged about 33 years son of Kaka Singh, (3) Hardeep
Singh alias Heeta aged about 38 years son of Hakam Singh,
(4) Kuldeep Singh aged about 35 years son of Teja Singh,
(5) Lakhwinder Singh alias Lakha aged about 41 years son
of Sukhdev Singh all residents of village Waring Khera,
Tehsil Malout, District Sri Muktsar Sahib and (6) Gora
Singh son of Tar Singh resident of village Waring Khera,
Tehsil Malout (now died) and accused namely (1) Binder
Singh alias Gurmahinder Singh, (2) Kashmir Singh, (3)
Hardeep Singh alias Heeta, (4) Kuldeep Singh and (5)
Lakhwinder Singh alias Lakha appeared in the Court and
have suffered their statements. As per the police record, no
accused is absconding or has been declared PO/Proclaimed
person in this case.
2. As per the statement of IO, Jalour Singh son of
Kaka Singh is the complainant and he has already made his
statement in the Court in support of the compromise and
accused persons namely (1) Binder Singh alias Gurmahinder
Singh, (2) Kashmir Singh. (3) Hardeep Singh alias Heeta,
(4) Kuldeep Singh and (5) Lakhwinder Singh alias Lakha
and complainant are parties to the compromise.
3. As per record, challan is (sic in) this case was already
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presented in the Court and trial is at the stage of prosecution
evidence.
4. As per the statement of parties, the compromise,
which has been entered into by the parties in this case, is
genuine, voluntary and without any coercion or undue
influence.
5. As per statement of IO, accused persons are not
involved in any other FIR."
6. 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 bring an end to the animosity enabling the parties to lead a
harmonious and peaceful life.
7. Accordingly, petition is allowed. FIR No.17 dated 09.02.2018,
registered for offences under Sections 379, 430, 427, 506, 148 and 149 of
the Indian Penal Code, 1860, at Police Station Lambi, District Sri Muktsar
Sahib, Annexure P-1, along with all subsequent proceedings arising
therefrom, are quashed qua the petitioners.
(SUVIR SEHGAL)
JUDGE
20.12.2023
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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