Kunan Singh and Others vs State of Punjab and Another

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 482 Cr.P.C. seeking quashing of the FIR No. 140 dated 10.06.1999 registered at Police Station Lopoke, District Amritsar, under Sections 323, 324, 148, 149 IPC.

In the present case, FIR was lodged by Harjinder Singh respondent No. 2. He stated that on 10th June, 1999, when he was digging the foundation for construction of room at about 10 O''clock in the morning, Kunan Singh, Mahinder Singh, Mahinder Singh @ Manga, Laddi and Kanwal came there. They caused injuries to Harjinder Singh. Satwant Kaur, mother of Harjinder Singh came forward to rescue him and one of the stones hit her.

It is stated that during the pendency of the trial, parties have arrived at a compromise. Compromise has been attached as Annexure P- 1. In the occurrence, simple injuries were received by Harjinder Singh. Satwant Kaur suffered one simple injury.

Harjinder Singh respondent No. 2 is present in Court. Head Constable Prabhjinder Singh, who has come to assist Counsel for the State, has identified Harjinder Singh. Harjinder Singh has also been identified by his counsel Mr. Deepak Aggarwal.

Harjinder Singh has stated that he is 50 years old and his mother is more than 80 years old. She has suffered one simple injury and she is confined to bed and is not in a position to move. Therefore, he has stated that in view of the fact that the simple injuries were received at the occurrence and the parties are resident of the same village, compromise arrived between the parties may be accepted. He has stated that compromise has been arrived due to the intervention of respectables and members of Gram Panchayat.

In the present case, occurrence has taken place in year 1999. Ten years are going to elapse. Head Constable Prabhjinder Singh, who is present in Court, has stated that four witnesses remain to be examined.

It has been held by a Full Bench of this Court in ''Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR (Cri) 1052 that where a compromise has been arrived at between the parties, no useful purpose will be served by pursuing the criminal litigation.

In view of the law laid down in Kulwinder Singh''s case (supra), present petition is allowed and FIR No. 140 dated 10.06.1999 registered at Police Station Lopoke, District Amritsar, under Sections 323, 324, 148, 149 IPC, along with all subsequent proceedings, is quashed.