Citation : 2024 Latest Caselaw 13481 P&H
Judgement Date : 2 August, 2024
Neutral Citation No:=2024:PHHC:098986-DB
CRM-M-21161-2024(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-21161-2024(O&M)
Date of Decision: 02.08.2024
SWARN SINGH AND OTHERS .....PETITIONERS
VERSUS
STATE OF HARYANA AND OTHERS ....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
HON'BLE MS. JUSTICE LAPITA BANERJI
Present: Mr. Inderpreet Singh Kooner, Advocate for the petitioners.
Mr. Anant Kataria, DAG, Haryana.
Mr. G.S. Sandhu, Advocate
for respondents No.2 to 4.
****
ANUPINDER SINGH GREWAL, J (ORAL)
The petitioners are seeking quashing of the complaint bearing
No.COMI/173/2017 dated 30.11.2017 under Sections 323, 324, 326, 341, 506,
427, 307, 147, 148 of the IPC registered at Police Station Ding, District Sirsa
(Annexure P-1) with all the consequent proceedings thereon, along with the
judgment of conviction dated 19.09.2023 (Annexure P-3) on the basis of
compromise dated 11.03.2024 (Annexure P-4), which has been arrived at
between the parties.
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Neutral Citation No:=2024:PHHC:098986-DB
CRM-M-21161-2024(O&M)
[2]. Vide order dated 29.04.2024, the Single Bench had directed the
parties to appear before the Trial Court for recording their statements with
regard to the genuineness of the compromise. The report of the Additional
District and Sessions Judge, Sirsa dated 03.07.2024 has been received, which
indicates that the statements of the parties have been recorded and the
compromise effected between the parties appears to be genuine, without any
undue influence or coercion.
[3]. Heard. [4]. Learned counsel for the petitioners and the complainant submit
that the incident had taken place on account of a sudden quarrel between the
relatives over demarcation of the land. The injuries had been received by both
the sides. The injuries are mostly simple in nature except the 'kapa' blow given
by Raghubir Singh on the head of Darshan Singh. Darshan Singh is stated to
have fully recovered from the injury and he himself has given 'kapa' blow on
the head of Gurpreet Singh and on the left arm of Jasprit Kaur. The parties are
related to each other and own adjoining agricultural land. With the intervention
of the respectables, the parties have arrived at a compromise.
[5]. It would be in the interest of justice, to put quietus on the matter,
so that the parties can reside peacefully without bearing any grudge against
each other. Reference can be made to the judgments of this Court passed in
CRM-M No.16531 of 2016 titled Sukhdev Singh and others Vs. State of
Punjab and another, decided on 02.09.2016 and Sube Singh and another Vs.
State of Haryana and another, 2013(4)RCR(Criminal) 102, wherein it has
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Neutral Citation No:=2024:PHHC:098986-DB
CRM-M-21161-2024(O&M)
been held that this Court under Section 482 of the Cr.P.C. is empowered to
quash criminal proceedings at any stage including the pendency of appeal to
secure the ends of justice.
[6]. Consequently, the petition is allowed and complaint bearing
No.COMI/173/2017 dated 30.11.2017 (Annexure P-1) under Sections 323,
324, 326, 341, 506, 427, 307, 147, 148 of the IPC registered at Police Station
Ding, District Sirsa and all the subsequent proceedings arising therefrom are
hereby quashed on the basis of compromise dated 11.03.2024 (Annexure P-4)
arrived at between the parties.
(ANUPINDER SINGH GREWAL) JUDGE
(LAPITA BANERJI) JUDGE 02.08.2024 Prince Whether speaking/ reasoned : Yes/No Whether Reportable : Yes/No
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