Punjab-Haryana High Court
Joginder Singh And Another vs State Of Punjab And Others on 7 April, 2021 CRM-M-259 of 2021 -1-


1) CRM-M-259 of 2021 (O&M)
Date of decision : 7.4.2021

Joginder Singh and another


State of Punjab and others

2) CRM-M-286 of 2021 (O&M)

Pritam Singh and others


State of Punjab and others

Coram: Hon’ble Mr. Justice H. S. Madaan

Present: Mr. Harpal Singh, Advocate
for the petitioners – in CRM-M-259 of 2021 and
for respondents No. 2 and 3 in CRM-M-286 of 2021 .

Mr. A.K. Khunger, Advocate
for the petitioners – in CRM-M-286 of 2021 and
for respondents No. 2 and 3 in CRM-M-259 of 2021 .

Mr. J.S. Ghuman, Deputy Advocate General,

H. S. Madaan, J. (Oral)

By this common order, I intend to dispose of CRM-M-259

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of 2021 titled as ‘Joginder Singh and another vs. State of Punjab and

others’ and CRM-M-286-2021 titled as ‘Pritam Singh and others vs.

State of Punjab and others’, as both these petitions have arisen out of

the same FIR and DDR in the said FIR.

Petitioners – Pritam Singh and others have brought CRM-M-

286-2021 under Section 482 Cr.P.C. for quashing of FIR No. 67

dated 31.5.2019, for offences under Sections 342, 323, 148, 149 IPC,

registered at Police Station Khuian Sarwar, District Fazilka, against

them, whereas petitioners – Joginder Singh and Gurdev Singh have

brought CRM-M-259-2021 for quashing of DDR No. 33 dated

31.5.2019 for offences under Sections 452, 323, 34 IPC in the

abovesaid FIR, against them, alongwith consequential proceedings

arising therefrom, on the basis of compromise, stated to have been

effected between the parties.

Briefly stated, facts of the case as per the prosecution story

are that on 29.5.2019, at about 6.30 P.M., while the complainant

Gurdev Singh son of Balwant Singh, resident of Gidderanwali, aged

about 27 years, alongwith Joginder Singh son of Sunder Singh was

going in the street, then Sukhwinder Singh @ Sukha son of Deepa

Singh met them. An altercation took place between them on account

of some money transaction. Sukhwinder Singh went on roof of his

house through staircase and starting throwing brickbats. However,

neither the complainant nor Joginder Singh were hit. On 30.5.2019,

at about 8.30 A.M. while the complainant alongwith Joginder Singh

and Bachan Kaur wife of Sunder Singh on motorcycle, had reached

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near the shop of Amar Singh son of Surinder Singh, then Pritam

Singh, Babbu Singh, Sukhwinder Singh @ Sukha and Gurcharan

Singh, all of them armed with dangs, came there and attacked the

complainant, causing him injuries and then they abducted the

complainant and Joginder Singh, taking them to their house, where

Taro Bai , Simarjeet Kaur, having sticks, Amarjeet Singh armed with

a dang, Kuldeep Singh, Bimla Rani both having ropes, Balwinder

Singh having a Saria, came and tied the complainant and Joginder

Singh, with the help of ropes. Sukhwinder Singh @ Sukha and

Simarjeet Kaur gave dang blows to the complainant and then all the

other assailants also hit the complainant and Joginder Singh.

Ultimately, they were rescued and taken to hospital and the matter

was reported to the police, on the basis of which formal FIR was

recorded. Investigation in the case started.

Whereas, there is cross version of the incident also, in terms

of which Joginder Singh and Gurdev Singh having dandas trespassed

in the house of Taro Bai and assaulted her, as well as her grand-

daughter Mandeep. On the basis of complaint made by Taro Bai,

DDR had been recorded. After investigation, challan was filed and

charges have been framed. In the meanwhile, the parties have arrived

at compromise.

When the petitions came up for hearing on 6.1.2021 notice

of motion was ordered to be issued. The respondent No. 1 – State of

Punjab through State counsel, whereas respondents No.2 and 3 in

both the petitions, appeared through their respective counsel. Then

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in light of the contention that parties have since effected compromise,

they were directed to put in appearance before the Illaqa

Magistrate/Duty Magistrate, Fazilka, to get their statements recorded

with regard to compromise and the said Court was directed to send a

report to this Court.

Report has been received from Judicial Magistrate Ist

Class, Abohar, in both the cases, in terms of which Joginder Singh

and Gurdev Singh – accused in CRM-M-259-2021 and complainant

in CRM-M-286-2021) and Pritam Singh, Babbu Singh, Sukhwinder

Singh @ Sukha, Gurcharan Singh, Taro Bai @ Kartar Kaur, Simarjit

Kaur, Amarjeet Singh @ Amar Singh, Kuldeep Singh, Balwinder

Singh, Bimla Rani @ Balwinder Kaur (accused in CRM-M-286-

2021) and Mandeef @ Mandeep (complainant in CRM-M-259-

2021) had appeared there and their statements were recorded, in

terms of which they have admitted to have entered into a voluntary

compromise, with free will, without any pressure, coercion or undue

influence. Further complainant in both the cases have stated that they

have no objection if the FIR and its cross version DDR in question

are quashed by this Court. There is nothing on record to doubt the

genuineness of the compromise so arrived at between the parties. It

has been reported that no accused has been declared proclaimed

offender in the FIR in question. Alongwith the report statement of

the complainant party and the accused party in original, have been


I have heard learned counsel for the respecitve parties,

learned State counsel, besides going through the record.

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The parties belong to the same community and the same

village. Keeping in view the fact that the dispute between the

parties has been resolved amicably, which appears to have been

arrived at between them voluntarily without any threat or coercion

and in terms of ratio of the authority reported as Kulwinder Singh

and others vs. State of Punjab and others 2007 (3) RCR (Criminal)

1052, where in para 28, it has been held as under :-

“The compromise, in a modern society, is the sine

qua non of harmony and orderly behaviour. It is the

soul of justice and if the power under Section 482

of the Cr.P.C. is used to enhance such a

compromise which, in turn, enhances the social

amity and reduces friction, then it truly is “finest

hour of justice”. Disputes which have their genesis

in a matrimonial discord, landlord-tenant matters,

commercial transactions and other such matters can

safely be dealt with by the Court by exercising its

powers under Section 482 of the Cr.P.C. in the

event of a compromise, but this is not to say that

the power is limited to such cases. There can never

be any such rigid rule to prescribe the exercise of

such power, especially in the absence of any

premonitions to forecast and predict eventualities

which the cause of justice may throw up during the

course of a litigation.”

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The compromise is in interest of peace and tranquility in the society

and for such like reasons this Court can quash the FIR and ancillary

proceedings exercising power under Section 482 Cr.P.C., it appears

to be a fit case to exercise such powers.

Accordingly, both the petitions are allowed and the

abovesaid FIR and the DDR, alongwith ancillary proceedings are

hereby quashed.

( H.S. Madaan )
7.4.2021 Judge

Whether speaking / reasoned Yes / No

Whether reportable Yes / No

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