Punjab-Haryana High Court
Joginder Singh And Another vs State Of Punjab And Others on 7 April, 2021 CRM-M-259 of 2021 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
1) CRM-M-259 of 2021 (O&M)
Date of decision : 7.4.2021
…
Joginder Singh and another
…………….Petitioners
vs.
State of Punjab and others
……………..Respondents
2) CRM-M-286 of 2021 (O&M)
…
Pritam Singh and others
…………….Petitioners
vs.
State of Punjab and others
……………..Respondents
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,
Punjab.
…
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
annexed.
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
chugh
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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