High CourtsSingle Bench

Satnam Singh and Others vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 22 August 2013 · Citation: (2013) 08 P&H CK 0340

HON’BLE JUDGES
Ritu Bahri, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 323, 324, 34, 452
RESULT
Disposed Off
CASE NUMBER
Criminal Miscellaneous No. M-12641 of 2013 (O and M)
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Judgment

5 paragraphs · 411 words

Ritu Bahri, J.—Quashing of FIR No. 13 dated 31.03.2013 under Sections 323 /324 /452 /34 IPC, registered at Police Station, Gardiwal, Distt. Hoshiarpur (Annexure P1) is being sought on the basis of compromise dated 15.4.2013 (Annexure P-2). The FIR was registered on the statement made by complainant-Sukhwinder Singh with the allegation that on 25.3.2013, he along with his wife was taking dinner. Then Simranjit Singh, S/o. Gurdeep Singh and Gurmukh Singh, S/o. Gurdeep Singh and Satnam Singh, S/o. Gurdeep Singh, knocked the gate of his house. The complainant opened the outer gate of his house, then the said persons started beating him. Simranjit Singh gave dattar blow on his left arm, Gurmukh Singh gave him kick blow and Satnam Singh gave him fist blow. After making noise, the said persons ran away with their weapons. The complainant got admitted in Civil Hospital, Gardhiwala, from where he was referred to Civil Hospital, Bunga. In this background, the above-said FIR was registered.

2.

Both the parties are of the same village and due to some misunderstanding the present FIR was registered. With the intervention of Panchayat and respectables, both the parties have settled their dispute on 15.4.2013 (Annexure P-2).

3.

In compliance of the order dated 23.4.2013, status report dated 09.05.2013 has been filed by Chief Judicial Magistrate, Hoshiarpur. As per this report, the petitioners have not made any statement in the Court, whereas statement of the complainant has been recorded to the effect that the matter has been compromised and the compromise is placed on record as Annexure P-2. The complainant also stated that he has no objection if the FIR in the present case is quashed.

4.

In view of the statement of the complainant, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings.

5.

Consequently, in view of the above circumstances and in view of the judgment of the Hon''ble Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) FIR No. 13 dated 31.03.2013 under Sections 323 /324 /452 /34 IPC, registered at Police Station, Gardiwal, Distt. Hoshiarpur (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioners. Petition is disposed of.