Dharam Raj Alias Dharma vs Mahant Jagtar Gir
2023 Latest Caselaw 22506 P&H

Citation : 2023 Latest Caselaw 22506 P&H
Judgement Date : 21 December, 2023

Punjab-Haryana High Court

Dharam Raj Alias Dharma vs Mahant Jagtar Gir on 21 December, 2023

Author: Suvir Sehgal

Bench: Suvir Sehgal

                                                        Neutral Citation No:=2023:PHHC:165643




                                   Neutral Citation No. 2023:PHHC:165643
CRM-M-15154-2023                                             -1-

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

(226)                                          CRM-M-15154-2023 (O&M)
                                               Date of Decision:- 21.12.2023
Dharam Raj alias Dharma
                                                                    ...Petitioner
                                         Vs.
Mahant Jagtar Gir Chela Tarsem Gir
Chela Rattan Gir @ Dashehar Gir and another                         ...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL


Present:- Mr. Rishav Jain, Advocate for the petitioner.

          Mr. Nitesh Singla, Advocate for
          Mr. Lalit Goya, Advocate for the respondent-complainant.
                              ***

SUVIR SEHGAL, J. (Oral)

1. Instant petition has been filed under Section 482 of the Code of

Criminal Procedure, 1973 for quashing of complaint dated 13.06.2016,

Annexure P-1, under Sections 420, 465, 467, 468, 471, 193 and 120-B, IPC

and summoning order dated 20.05.2017, Annexure P-2, passed by learned

Sub Divisional Judicial Magistrate, Moonak, along with all subsequent

proceedings arising therefrom, on the basis of compromise dated

10.03.2023, Annexure P-3, arrived at between the parties.

2. Counsel for the petitioner submits that a complaint was instituted

by respondent No.2 against five accused and primary allegation has been

levelled against Dalwara Singh (accused No.4 in the complaint) of illegally

occupying the land belonging to a Dera. He submits that other co-accused

in the complaint were all officials. He submits that by order dated

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19.05.2017, complaint was withdrawn qua police officials-accused Nos.1 to

3 and by order dated 20.05.2017, Annexure P-2, remaining accused i.e.

Dalwara Singh, accused No.4 and Dharam Raj @ Dharma, Patwari, accused

No.5-present petitioner, were summoned. He submits that the dispute has

been amicably settled with accused No.5-petitioner by virtue of

compromise Annexure P-3 and the parties have recorded their statements

before the trial Court in support of the settlement.

3. Counsel representing complainant-respondent No.2 has admitted

the factum of compromise.

4. Heard counsel for the parties.

5. Pursuant to orders passed by this Court, report has been received

from the learned Judicial Magistrate, relevant extract of which is as under:-

"(i) As per the complaint, there are five accused in this case namely Station House Officer, Police Station Moonak, District Sangrur, Jagjit Singh ASI PS Moonak, District Sangrur, Senior Superintendent of Police, Sangrur, Dalwara Singh son of Jangir Singh resident of Bhutal Khurd, Tehsil Moonak, District Sangrur and Dharamraj @ Dharma Patwari Halqa Village Dhindsa son of Madan Lal r/o Village Salemgarh, Tehsil Moonak, District Sangrur in the present complaint. Complaint dismissed as withdrawn against accused Nos.1 to 3 vide order dated 19.05.2017 and accused No.5 Dharamraj @ Dharma has appeared in the Court on 18.09.2023 and he made statement regarding compromise. No accused has been absconded or declared proclaimed offender in this case.

(ii) As per the statement of complainant, there is only one complainant namely Jagtar Gir Chela Tarsem Gir Chela Rattan Gir @ Dashehar Gir r/o Bhutal Khurd, Tehsil Moonak, District Sangrur in this present complaint. He has appeared in Court on 18.09.2023 and he made statement regarding compromise with accused No.5- Dharamraj @ Dharma.

(iv) (sic iii) As per the file, the present case has been fixed

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for evidence of complainant.

(v) (sic iv) As per the statements of parties, the compromise appears to be genuine, entered into voluntarily, out of fee (sic free) will and without any coercion and undue influence.

(vi) (sic v) As per the statement of accused namely Dharamraj @ Dharma Halqa Patwari of village Dhindsa one FIR No. 7 dated 09.03.2021 u/s 7 Prevention of Corruption Act, PS Vigilance Bureau Patiala has been registered against him which is pending for trial in the Court of Sh. Baljinder singh, JSC, Sangrur."

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. The complaint dated

13.06.2016, Annexure P-1, under Sections 420, 465, 467, 468, 471, 193 and

120-B, IPC and summoning order dated 20.05.2017, Annexure P-2, passed

by learned Sub Divisional Judicial Magistrate, Moonak, along with all

subsequent proceedings arising therefrom, are quashed qua the petitioner.




                                              (SUVIR SEHGAL)
                                                  JUDGE
21.12.2023
pooja saini
         Whether Speaking/Reasoned                       Yes/No
         Whether Reportable                              Yes/No




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