Criminal Misc. No. M-10018 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-10018 of 2009
Date of Decision: 7.5.2009
Lakha Singh and Others
...Petitioners
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Ritesh Pandey, Advocate
for the petitioners.
Dr. U.S. Dhaliwal, Additional Advocate
General, Punjab, for respondent No.1-State.
Mr. Rajiv Kapila, Advocate
for Mr. Gurajay Pal Singh Ahluwalia, Advocate
for respondents No.2 to 4.
Kanwaljit Singh Ahluwalia, J. (Oral)
Mr. Rajiv Kapila, Advocate, on behalf of Mr. Gurajay Pal Singh
Ahluwalia, Advocate, has filed reply on behalf of respondents No.2 to 4,
which is accompanied by affidavits of Shingara Singh, respondent No.2,
Ajit Singh, respondent No.3 and Jaswinder Kaur, respondent No.4.
The present petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No. 100 dated 22.7.2005 registered at Police
Station Kathu Nangal, District Amritsar, under Sections 324, 323, 325,
326 & 34 IPC.
In the present case, FIR was lodged by Shingara Singh,
Criminal Misc. No. M-10018 of 2009 2
respondent no.2. It was stated therein that on 1.6.2005 at 8.00 A.M. Ajit
Singh was coming to home from tube-well when accused Chanchal
Singh, Natha Singh, Lakha Singh Rajbir Singh and Shamasher Singh
picked up an altercation with Ajit Singh and gave him beating with
dangs. On the noise raised, Jaswinder Kaur was attracted to the spot.
She was given kahi blow by Shamsher Singh. She fell down on the
ground. In the occurrence, Ajit Singh and Jaswinder Kaur received
injuries.
Dr. Uttam Singh Dhaliwal, Additional Advocate General,
Punjab, appearing for the State has submitted that Ajit Singh had also
caused injuries and cross-version was also registered. On basis of
compromise in cross-version, cancellation report has been submitted.
The same has been sent by the Judicial Magistrate Ist Class for re-
investigation.
Injured Ajit Singh and Jaswinder Kaur are present in the Court.
They have stated that compromise has been arrived between the
parties. Ajit Singh and Jaswinder Kaur have been identified by Baldev
Singh, Head Constable, Police Station Kathu Nangal. Ajit Singh and
Jaswinder Kaur have also been identified by Mr. Rajiv Kapila, Advocate,
who is present in the Court.
Counsel for respondents No.2 to 4 has submitted that
Shingara Singh is very old, therefore, he is unable to appear in this
Court. Therefore, his affidavit be accepted in support of compromise.
Baldev Singh, Head Constable, has also stated that both the
parties have consented to compromise.
It has been held by Full Bench of this Court in Kulwinder
Criminal Misc. No. M-10018 of 2009 3
Singh v. State of Punjab 2007(3) Recent Criminal Reports 1052 that
compromise not only promotes everlasting peace, amity and harmony 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 FIR along with all
consequential proceedings is quashed.
(Kanwaljit Singh Ahluwalia)
Judge
May 7, 2009
“DK”
