Sewak Singh and Others vs State of Haryana and Another

Ritu Bahri, J.—Quashing of FIR No. 130 dated 06.11.2007 under Sections 323, 325, 452 read with Section 34 IPC, registered at Police

Station City Barara, District Ambala, is sought on the basis of compromise deeds dated 17.09.2012 and 18.04.2013 (Annexures P2 and P-3).

F.I.R. has been registered at the instance of respondent No. 2-complainant on the allegations that the petitioners have inflicted injures on the

person of complainant and his wife. The matter has now been resolved between the parties, vide compromise deed dated 17.09.2012 (Annexure

P2), which was later on rectified vide another compromise deed dated 18.04.2013 (Annexure P-3).

Initially, the FIR was registered under Sections 323, 325 read with Section 34 IPC, however, Section 452 IPC was added later on during the

course of investigation.

In compliance of order dated 14.05.2013, the parties got recorded their statements before the Illaqa Magistrate. Report from Judicial

Magistrate, 1st Class, Ambala, through District and Sessions Judge, Ambala, has been received in this regard. As per report, complainant

Tirlochan Singh and all the accused persons namely Sewak Singh, Surinder Kaur, Sarbjeet Singh, Surjit Kaur an Jatinder Pal Singh appeared

before the Judicial Magistrate, 1st Class, Ambala and had made a joint statement in writing that they have compromised the matter and do not

want to pursue the case further. They have further stated that they have no objection, if the present FIF is quashed on the basis of the compromise

arrived at between them. In view of separate statements of the parties, this court is satisfied that the compromise is valid and genuine.

Consequently, in view of the status report and in view of 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, no

useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 130 dated 06.11.2007 (Annexure P-1) under Sections 323, 325, 452 read with Section 34 IPC, registered at Police

Station City District Ambala, is quashed with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of.