High CourtsSingle Bench(2013) 09 P&H CK 0127

Mohan Singh and Another vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 9 September 2013

HON’BLE JUDGES
Ritu Bahri, J
RESULT
Disposed Off
CASE NUMBER
Criminal Miscellaneous No. M-19990 of 2013 (O and M)

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Judgment

19 paragraphs · 396 words

Ritu Bahri, J.—Quashing of FIR No. 59 dated 07.06.2013, under Sections 435, 427, 34 IPC, registered at Police Station Sadar Rupnagar,

District Rupnagar (Annexure P-1), is sought on the basis of compromise dated 14.06.2013 (Annexure P-2). The F.I.R. was registered on the

basis of statement made by Davinder Singh-complainant (respondent No. 2), alleging therein that he has sown sugarcane crop in 11/2 killa of his

land. On 04.06.2013 at about 5.30 P.M., Mohan Singh son of Pritam Singh and Sarabjit Singh son of Mohan Singh-petitioners set ablaze his

crop, as a result of which, his sugarcane crop, popular plants and plastic shower pipes were burnt and he suffered a huge loss on this account. In

this background, the FIR was registered.

2.

During the pendency of the investigation, with the intervention of family members, relatives and respectable persons of the society, the dispute

has now been amicably resolved between the parties vide compromise deed dated 14.06.2013 (Annexure P-2).

3.

In compliance with the order dated 01.07.2013 passed by this Court, the parties got recorded their statements before the trial Court. Report

from the Additional Chief Judicial Magistrate, Rupnagar (Duty), has been received in this regard. As per report, Davinder Singh-respondent No. 2

appeared before the Court on 26.07.2013 and made a statement to the effect that with the intervention of respectable persons, he has

compromised the matter with the accused-petitioners. The compromise (Ex. CX) has been effected without any pressure, threat or coercion. He

has no objection if the above said FIR is quashed. A joint statement of Mohan Singh and Sarabjit Singh-petitioners was also recorded to the same

effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one.

4.

Consequently, in view of the status report and the judgment of the Hon''ble Supreme Court in the case of Madan Mohan Abbot Vs. State of

Punjab, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Others Vs. State of Punjab and Another, this Court

is of the view that no useful purpose would be served in prolonging the litigation.

5.

Accordingly, FIR No. 59 dated 07.06.2013, under Sections 435, 427, 34 IPC, registered at Police Station Sadar Rupnagar, District

Rupnagar, is quashed with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of accordingly.