Sukhdev Singh and Others vs State of Punjab and Others

Rekha Mittal, J.—By way of this order, I shall dispose of both the aforesaid criminal petitions together pertaining to version and cross version, emanating from the same incident relating to FIR No. 173 dated 04.11.2011, registered at Police Station Phillaur, District Jalandhar. Vide CRM M 18378 of 2013, petitioners, namely, Sukhdev Singh, Jaspal Kaur, Balihar Singh, Manpreet Kaur and Gurpreet Singh have prayed for quashing of FIR No. 173 dated 04.11.2011, for offence under Sections 341, 323, 324, 148, 149 IPC (Sections 325 and 326 IPC added later), registered at Police Station Phillaur, District Jalandhar and proceedings emanating therefrom, on the basis of compromise dated 12.11.2011 (Annexure P2) arrived at between the parties. In CRM M 5878 of 2013, petitioners, namely, Pinka alias Pinkal Singh alias Pokal Singh, Chuhar Singh, Paramjit Singh, Jaswinder Kaur, Kuldeep Singh alias Deepa, Kuldeep Kaur and Amarjit Singh have prayed for quashing of DDR No. 43 dated 08.11.2011 under Sections 325 and 326 IPC and proceedings emanating therefrom registered in the said FIR at Police Station Phillaur, District Jalandhar, on the basis of compromise.

Counsel for the petitioners submit that earlier petitioners namely, Sukhdev Singh alias Bhola and others had approached this Court, vide CRM M 6189 of 2012 for quashing of the said FIR on the basis of compromise. Since the petitioners forgot to mention certain Sections, which were subsequently added, the said petition was got dismissed as withdrawn with liberty to file a fresh petition by incorporating all the relevant Sections vide order dated 28.01.2013. Counsel for the petitioners also submits that statements of the parties except one injured Jaswant Kaur, have already been recorded before the trial Court and the same are on the file of CRM M 6189 of 2012. An extract from order dated 28.01.2013, passed by this Court, in the said petition is quoted hereinunder:-

While approaching this Court for quashing of the FIR on the basis of compromise, the petitioners forgot to mention certain Sections, which were subsequently added. It would be appropriate for the petitioners to amend the petition to incorporate the Sections in the head note as well as in the prayer clause to indicate that the same were also part of the compromise. There may not be any need to record fresh statements. The statements made by the parties in the present case may be placed on record alongwith the fresh petition.

Dismissed as withdrawn with liberty to file a fresh petition by incorporating all the relevant Sections.

Today, Jaswant Kaur one of the injured in the said incident appeared before this Court, duly identified by her counsel and ASI-Subash Chander. An extract from her statement recorded in the Court is quoted thus:-

FIR No. 173 dated 04.11.2011 for offence punishable under Sections 341, 323, 324, 148, 149 of Indian Penal Code (Sections 325, 326 IPC added later on) was got registered at Police Station Phillaur, District Jalandhar at the instance of Pinka alias Pinkal Singh alias Pokal Singh. In the said occurrence, I was also one of the injured. A compromise has been effected between the parties in both the version and cross version. I have no objection if the aforesaid FIR is quashed. My affidavit, filed in Court today, be read as part of my statement.

Statements of the parties already recorded before the trial Court, placed on the file of CRM M 6189 of 2012 and copy thereof as Annexure P-9 be read as part of the present proceedings.

Counsel for the petitioners submit that as the parties have amicably settled their differences by way of compromise, no useful purpose would be served by continuation of the criminal proceedings.

Counsel for the State of Punjab has not disputed correctness of the contention of the petitioners that the parties have arrived at an amicable settlement.

I have heard counsel for the parties and perused the records.

Indisputably, the parties voluntarily, without any coercion, misrepresentation and undue influence, have entered into a compromise and the complainants have decided not to proceed with the matter any further in the interest of their peaceful living and harmony.

Keeping in view the authoritative enunciation of law laid down by this Court in Kulwinder Singh and Others Vs. State of Punjab and Another, and Hon''ble the Supreme Court in Madan Mohan Abbot Vs. State of Punjab, and Gian Singh Vs. State of Punjab and Another, and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would tantamount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end. In this view of the matter, both the petitions are allowed and FIR No. 173 dated 04.11.2011 under Sections 341, 323, 324, 148, 149 IPC (Sections 325 and 326 IPC added later), registered at Police Station Phillaur, District Jalandhar and cross version, registered vide DDR No. 43 dated 08.11.2011 under Sections 325 and 326 IPC in the said FIR and proceedings emanating therefrom, stand quashed.