Jasbir Singh and Others vs State of Punjab and Another

Kanwaljit Singh Ahluwalia, J.

Misc. No. 29778 of 2011

Criminal Misc. Application is allowed.

Reply, filed by Respondent No. 2, by way of her affidavit is taken on record.

Criminal Misc. No. M-13985 of 2011

The present petition has been filed u/s 482 Code of Criminal Procedure seeking quashing of FIR No. 142 dated 26.4.2011, registered at Police Station Tripri Town, District Patiala, under Sections 323, 452, 447, 427, 511, 506 and 34 IPC on the basis of compromise (Annexure P3).

The parties are closely related. Joga Singh had three sons, namely Sukhbir Singh, Jasbir Singh and Paramjit Singh. Balwinder Kaur, complainant, is married with Sukhbir Singh. At her instance, the impugned FIR was lodged. It was stated by her that younger brothers of her husband namely Jasbir Singh and Paramjit Singh were annoyed as her father-in-law had transferred the property in the name of her son Amandeep Singh. Therefore, on the date of occurrence, Jasbir Singh and Paramjit Singh armed with sticks along with Sonia alias Rajwinder Kaur came to her house. Jasbir Singh gave a danda blow which hit on her left arm above the elbow. Paramjit Singh also gave danda blow which hit on her left arm. Jasbir Singh gave another danda blow which hit on the wrist of her left arm. She raised a noise of "Maarta Maarta", which attracted the witnesses.

Learned Counsel for the Petitioners has submitted that the parties are closely related. The Accused/Petitioners have decided not to challenge the transfer of property made by Joga Singh in favour of Amandeep Singh son of complainant/Respondent No. 2. It is stated that due to intervention of respectable, a compromise has been arrived at and the parties have decided to amicably resolve their dispute. They have also agreed to maintain everlasting peace, harmony and amity.

Learned Counsel for Respondent No. 2 complainant has also requested this Court that the present FIR be quashed as the same is causing hindrance in resumption of smooth relations of the parties.

Gurnam Singh, Assistant Sub Inspector, Police Station Tripri Town, District Patiala, has also identified Respondent No. 2. Learned Counsel for the State has submitted that simple injuries were caused to the complainant and the State will not stand in the way of the parties to resume their cordial relations.

It has been held by Full Bench of this Court in Kulwinder Singh v. State of Punjab 2007 (3) RCR 1052 that compromise not only promotes peace in the society but also saves parties from litigation.

Taking into consideration the fact that only simple injuries were suffered by Respondent No. 2 Balwinder Kaur and her prayer that the present FIR be quashed on the basis of compromise and the ratio of law laid down in Kulwinder Singh''s case (supra), the present petition is accepted. The impugned FIR along with all its consequential proceedings is quashed.