Hardeep Singh and Others vs State of Punjab and Another

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Cr.P.C. Seeking quashing of FIR No. 143 dated 25.5.2007 registered at Police Station Baghanpurana, District Moga, under Sections 326, 367, 324, 323 & 34 IPC.

In the present case, FIR was lodged by Chamkaur Singh, respondent No. 2. FIR has been annexed as Annexure P1.

Chamkaur Singh, respondent No. 2, has stated that they are three brothers and one sister and he is residing along with his father Dheeraj Singh and mother Gurdeep Singh. His brother Nirmal Singh and his mother Gurdeep Kaur went to the house of Gurbachan Singh to inquire about his mother Gurnam Kaur. When they were coming back and they reached near the outer house of Harkaran Singh, then dog of Harkaran Singh, which was not tied, attacked his mother and his brother, due to which son of complainant Chamkaur Singh, who was in lap of his mother, fell down. A protest was raised by mother of the complainant to Mandeep Singh son of Harkaran Singh and it was stated that dog should have been tied. Due to this, abuses were exchanged. Complainant along with his mother Gurdeep Kaur went to the house of Mandeep Singh to lodge protest. At that time, accused armed with weapons had caused injuries to Chamkaur Singh.

Mr. Sant Pal Singh Sidhu, Advocate, appearing for the petitioners, has stated that on a trivial issue that dog of accused/petitioners had barked at the mother of complainant, the occurrence had ensued. It has been stated that occurrence was sudden affair. Counsel for the petitioners has further submitted that a Panchayati compromise (Annexure P3) was arrived between the parties and in support of the same, Chamkaur Singh, respondent No. 2-injured, has also sworn affidavit (Annexure P2). It is further submitted that police, taking into consideration the compromise, had submitted the cancellation report. It is further submitted that notice was issued to complainant Chamkaur Singh and his statement was recorded by the Judicial Magistrate Ist Class, Moga, in which he reiterated that the compromise has been effected between the parties. The Court of Judicial Magistrate Ist Class, Moga, stated that since the offence is of serious nature, compromise cannot be accepted.

Notice of motion was issued.

Mr. Viney Kumar Gupta, Advocate, has caused appearance for respondent No. 2 Chamkaur Singh and has placed on record reply by way of affidavit filed by Chamkaur Singh. Chamkaur Singh, respondent No. 2 is also present in the Court. He has been identified by his counsel Mr. Viney Kumar Gupta, Advocate.

Chamkaur Singh, respondent No. 2, has stated that the parties have arrived at compromise and he wishes to honour the compromise arrived at the instance of Panchayat as the parties are close neighbourers and live in the same locality.

Taking into consideration that the police has submitted cancellation report and before the Judicial Magistrate Ist Class, Moga, complainant-injured Chamkaur Singh has reiterated the compromise and today also he stand by the compromise, I am of the view that relying upon the judgment rendered by Full Bench of this Court in Kulwinder Singh v. State of Punjab 2007 (3) Recent Criminal Reports 1052, the present petition is liable to be accepted and impugned FIR along with all consequential proceedings is to be quashed.

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.