IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-2957 of 2009
Date of decision: 10th February, 2009
Sucha Singh
... Petitioner
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. T.P.S. Tung, Advocate for the petitioner.
Mr. Mehardeep Singh, Assistant Advocate General Punjab for
the State.
Mr. G.S. Jagpal, Advocate for respondent No.3 and 4.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
By this common order, two petitions bearing Criminal Misc.
No. M-2957 of 2009 and Criminal Misc. No. M-2958 of 2009 shall be
decided together.
Rakesh Kumar @ Harmesh Kumar respondent No.4 has filed
affidavit in Criminal Misc. No.M-2957 of 2009 preferred by Sucha Singh.
The affidavit is taken on record. Sucha Singh has filed an affidavit in
Criminal Misc. No. M-2958 of 2009 preferred by Ramandeep Singh. The
same is also taken on record.
In the present case, FIR No.650 dated 20.10.2001 was
registered at Police Station Sadar Jalandhar, under Sections 326, 324,
323, 148 and 149 IPC at the instance of Ramandeep Singh. Whereas,
cross version of the occurrence in the FIR was projected by Sucha Singh
in criminal complaint No. 349/1/05 dated 02.03.2005 filed under Sections
Criminal Misc. No. M-2957 of 2009 2
326, 323, 148, 149, 336, 506 IPC, whereupon summoning order (Annexure
P-2) was passed by the Court of Judicial Magistrate (1st Class), Jalandhar
on 15th November, 2005.
In Criminal Misc. No. M-2957 of 2009, prayer has been made
for quashing of the FIR along with all subsequent proceedings and in
Criminal Misc. No. M-2957 of 2009, prayer for quashing of criminal
complaint (Annexure P-1) and summoning order (Annexure P-2), along
with all subsequent proceedings, has been made.
In the occurrence, Sucha Singh and Ramesh Kumar @
Harmesh Kumar had suffered injuries. It is stated that on the intervention of
respectables and neighbourers, parties have buried their hatchet and have
agreed to promote everlasting peace and live in harmony. Parties belong
to the same village. Counsel for the petitioners submit that both FIR and
complaint cases have been clubbed.
Taking into consideration compromise arrived at between the
parties and the ratio of law laid by a Full Bench of this court in ‘Kulwinder
Singh and others v. State of Punjab and another’, 2007 (3) RCR
(Criminal) 1052, present petitions are accepted and FIR No. 650 dated
20.10.2001 registered at Police Station Sadar Jalandhar, under Sections
326, 324, 323, 148 and 149 IPC and criminal complaint No. 349/1/05 dated
02.03.2005 filed under Sections 326, 323, 148, 149, 336, 506 IPC, along
with all subsequent proceedings, are quashed.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
February 10, 2009
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