Crl.Misc. No.M-25305 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.Misc. No.M-25305 of 2008
Date of Decision: 13.1.2009
Shamsher Singh and others .....Petitioners
Vs.
State of Haryana and others ....Respondents
....
CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
****
Present : Mr.S.S. Nara, Advocate for the petitioners.
Mr.Ajay Chaudhary, DAG, Haryana for respondent no.1.
Mr.Sanjeev Kumar Panwar, Advocate for respondents no.2 to
7.
….
RAJIVE BHALLA, J (Oral)
Prayer in this petition filed under Section 482 of the Cr.P.C., is
for quashing of FIR No.64 dated 29.8.1996 registered under Sections 148,
149, 323, 324, 452 of the Indian Penal Code, at Police Station Raipur Rani,
on the basis of a compromise deed dated 25.9.2008 (Annexure P-2).
Counsel for the petitioners and counsel for respondents no.2 to
7, the complainants in the FIR, pray that as parties have entered into a
compromise by executing a written compromise deed dated 25.9.2008, the
FIR and all subsequent proceedings emanating therefrom be quashed. It is
prayed that though the offences under Sections 148,149 and 452 IPC are
non compoundable but in view of a Full Bench Judgement of this Court in
Kulwinder Singh V. State of Punjab and others 2007(3) RCR (Crl.)
1052, the FIR and all subsequent proceedings be quashed.
Crl.Misc. No.M-25305 of 2008 2
Counsel for the State of Haryana states that as the offences are
minor in nature and as parties have resolved their differences, the State of
Haryana, would not stand in the way of the parties compromising the matter
or in the quashing of the FIR.
I have heard learned counsel for the parties, perused the
compromise deed, as also the averments in the petition.
The petitioners who are present in Court, have been duly
identified by counsel for the petitioners. The complainants-respondents
no.2 to 7 are also present in Court and have been duly identified by their
counsel. The compromise deed dated 25.9.2008 is signed by the petitioners,
as also by respondents no.2 to 7 reflects a bonafide settlement. The dispute
has been settled, as the petitioners have agreed not to interfere in the
possession of respondents no.2 to 7 over the land measuring 35 ft. x 18 ft.
situated in Khasra No.112 and some part of land in Abadi Deh situated in
Village Haripur, Tehsil Raipur Rani, Distt. Panchkula.
In view of what has been noticed herein above and particularly
in view of the Full Bench judgement in Kulwinder Singh’s case (supra), the
present petition is allowed. Consequently, FIR No.64 dated 29.8.1996
registered under Sections 148, 149, 323, 324 and 452 of the IPC, at Police
Station Raipur Rani and all subsequent proceedings emanating therefrom
are quashed.
13.1.2009 (RAJIVE BHALLA) GS JUDGE