Hari Singh And Others vs Rani on 19 May, 2009

Criminal Misc. No. M-12199 of 2009                                   1




       In the High Court of Punjab and Haryana, at Chandigarh.


                 Criminal Misc. No. M-12199 of 2009

                     Date of Decision: 19.5.2009


Hari Singh and Others
                                                           ...Petitioners
                                Versus
Rani
                                                          ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Navkiran Singh, Advocate
         for the petitioners.

          Ms. Deepinder Kaur, Advocate
          for the respondent.


Kanwaljit Singh Ahluwalia, J. (Oral)

The present petition has been filed under Section 482 Cr.P.C.

seeking quashing of complaint No. 70 dated 3.2.2004 filed by the

respondent under Section 3(1)(x) of the Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Section 7(1)(d)

of Protection of Civil Rights Act, 1955, in which petitioners have been

summoned to stand trial vide summoning order dated 4.9.2008.

It is stated that during the pendency of petition, parties have

effected compromise and, therefore, present complaint be quashed.

Counsel for the petitioner has relied upon judgments rendered

in Usha Gupta v. Amir Chand 2001(1) Recent Criminal Reports 788
Criminal Misc. No. M-12199 of 2009 2

and Hawa Singh and Others v. Bishamber Dayal 2007(1) Recent

Criminal Reports 325 to urge that in order to promote harmony

between the persons belonging to various castes and peace in the

village, proceedings can be quashed.

Complainant Rani is present in the Court. She has been

identified by her counsel Ms. Deepinder Kaur, Advocate. Counsel for the

respondent has also filed affidavit of Rani. The same is taken on record.

Counsel for the complainant, on instructions from Rani, complainant,

stated that complainant does not intend to pursue the present complaint

and same be quashed.

Both the counsel have submitted that in order to promote

everlasting peace, amity and harmony, parties have arrived at

compromise. They pray that present FIR be quashed.

It has been held by Full Bench of this Court in Kulwinder

Singh v. State of Punjab 2007(3) Recent Criminal Reports 1052 that

compromise not only promotes peace in the society but also saves

parties from litigation.

In view of the law laid down in Kulwinder Singh’s case

(supra) and keeping in view the compromise arrived at between the

parties, present petition is accepted and impugned complaint along with

all consequential proceedings is quashed.

(Kanwaljit Singh Ahluwalia)
Judge
May 19, 2009
“DK”