Sukhdev Singh @ Sukha 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 FIR No. 31 dated 05.04.2006 registered at Police Station Gharinda, District Amritsar under Sections 326, 323, 324, 325, 452, 148, 149 IPC.

In the present case, FIR was lodged by Sarmail Singh, respondent No. 2. It was stated by him in the FIR that he was residing in village Mode along with his family members from last 40 years. On 3rd April, 2006, he was raising construction of the wall of his house when accused petitioners came armed with various weapons and objected to construction of the wall. Thereafter, he was thrown on the ground and was caused injuries by the accused petitioners. His daughter Sumanjit Kaur also came forward to save him and she was also caused injuries.

In the present petition, quashing of the FIR has been sought on the basis of compromise.

Sarmail Singh and his daughter Sumanjit Kaur are present in Court. They have been identified, before lunch, by ASI Mohinder Singh, who had come to assist Counsel for the State.

Mr. Mehardeep Singh, Assistant Advocate General Punjab has stated that he was instructed by ASI Mohinder Singh that Sarmail Singh and Sumanjit Kaur had received injuries in the occurrence and they are the same persons, who are present in Court.

Ms. Harpinder Kaur has caused appearance for Sarmail Singh and she has filed reply by way of affidavit of Sarmail Singh.

Both Sarmail Singh and Sumanjit Kaur have stated before me that since accused are residents of the same village and are the close neighbourers, therefore on the intervention of respectables, compromise (Annexure P-2) has been arrived at between the parties. It is stated that compromise has been arrived without any duress, coercion and due to free will. Parties tend to end bad blood and feud and want to promote everlasting peace, amity, harmony and cordial relations. Therefore, pendency of present FIR is causing impediment in resumption of normal relationship between the residents of the village.

Ms. Harpinder Kaur, on instructions from Sarmail Singh and Sumanjit Kaur, has stated that present FIR be quashed.

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 (Criminal) 1052 that where a compromise has been arrived at between the parties, no useful purpose will be served by pursuing the criminal litigation.

Taking into consideration the ratio of law laid down in Kulwinder Singh�s case (supra), present petition is accepted, and the FIR No. 31 dated 05.04.2006 registered at Police Station Gharinda, District Amritsar under Sections 326, 323, 324, 325, 452, 148, 149 IPC, along with all subsequent proceedings, is quashed.