High CourtsSingle Bench(2009) 04 P&H CK 0336

Harjinder Singh and Others vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 21 April 2009 · Citation: (2010) 6 SLR 355 : (2009) 2 SLR 774

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
RESULT
Allowed

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Judgment

10 paragraphs · 475 words

Kanwaljit Singh Ahluwalia, J.—Reply by way of affidavit has been filed on behalf of Harkishan Singh, respondent No. 2 and the same is taken on record.

2.

Gurpreet Singh son of Harkishan Singh, injured, has also placed on record their affidavit and the same are also taken on record.

3.

The present petition has been filed u/s 482 Cr.P.C. seeking quashing of FIR No. 10 dated 7.1.2009 registered at Police Station Division No. 4, Jalandhar, under Sections 323, 341, 382 & 34 IPC.

4.

In the present case, FIR was lodged by Harkishan Singh, respondent No. 2. FIR is annexed with the present petition as Annexure P1.

5.

It is stated in the FIR that Harkishan Singh is running the business under the name & style of M/s Micky Finance Company. On day of occurrence at about 4.30 P.M. When he, after closing his office, was going to sit in his car along with his son Gurpreet Singh, three Hindu boys who were aged about 25/30 years came in a drunken condition and said that complainant and his son should reverse the car and gave filthy abuses. At that juncture, an altercation ensued. It is stated that one boy took out the base bat from the car and hit Harkishan Singh on the forehead. Gurpreet Singh, son of the complainant was also given injuries. It is stated that assailants had also snatched five tolas of gold chain from the neck of complainant.

6.

This petition has been filed by Harjinder Singh, Kapil Kumar and Sandeep Raja seeking quashing of FIR on basis of compromise. They have placed on record affidavit (Annexure P2) sworn by Harkishan Singh to state that the matter has been compromised and FIR be quashed.

7.

Respondent No. 2-complainant Harkishan Singh and his son Gurpreet Singh, other injured, are present in the Court. They have been identified by Jagdeep Singh, Head Constable of Police Station Division No. 4, Jalandhar. They have been also identified by their counsel Mr. Ashish Pal Kaushal, Advocate. They have stated before me that on the spur of moment without any pre-mediation due to parking of the car and the plea of accused that car be reversed, occurrence had taken place.

8.

Now the parties have arrived at compromise. They intend to promote amity, harmony and cordial relations. It is stated that pendency of FIR is an impediment in the everlasting peace.

9.

Counsel for the petitioners has relied upon judgment rendered in Kulwinder Singh v. State of Punjab 2007 (3) RCR 1052 to state that compromise not only promotes peace in the society but also saves parties from litigation.

10.

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.