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GURJANT SINGH versus STATE OF HARYANA & ANR.

High Court of Punjab and Haryana, Chandigarh

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Gurjant Singh v. State of Haryana & Anr. - CRM-49503-M-2006 [2006] RD-P&H 7629 (22 September 2006)

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of Decision:-15.9.2006

Gurjant Singh ...Petitioner

Vs.

State of Haryana & Anr. ...Respondents

(2)CRM No.49505 M of 2006

Ishwar Singh ...Petitioner

Vs.

State of Haryana & Anr. ...Respondents

CORAM: HON'BLE MR.JUSTICE RANJIT SINGH
Present: Mr.Mukesh Verma, Advocate for the petitioner.

Mr.Vikas Chaudhary, Assistant Advocate General, Haryana.

Mr.Kuldeep Tiwari, Advocate for respondent No.2.

Ranjit Singh, J.

This order will dispose of two Criminal Misc.Nos.49503-M and 49505-M of 2006 filed by Gurjant Singh and Ishwar Singh respectively. FIR against the petitioner in these Misc. petitions has been registered on the basis of version and cross versions and both the parties are now seeking quashing of the respective cases registered against them on the basis of a compromise arrived at between them.

FIR No.295 dated 5.10.2002 was registered under Sections 148, 149, 323, 324, 452 and 506 IPC at Police Station Pehowa at the instance of the petitioner. Quashing of the same and the subsequent proceedings arising therefrom are under challenge in this petition filed under Section 482 Cr.PC.

The detailed facts leading to registration of this FIR need not be noticed as the quashing of the same and subsequent proceedings arising therefrom has been sought on the basis of compromise. Suffice, it to mention that fight had taken place between the petitioner party on the one hand and Ishwar Singh on the other side due to party faction in the village. Allegations for causing injuries against different persons had been made in the FIR. The matter was investigated and ultimately the charges were framed against the petitioner on 4.3.2006 under sections 323, 324 and 506 IPC. The compromise arrived at between the parties has been annexed with the petition as Annexure P3. The petitioner and the rival party are residents of the same village. It is disclosed in the FIR that fight took place between the parties on account of some misunderstanding leading to the registration of this FIR. On the intervention of the respectables of the village and members of the Panchayat, the dispute between the parties has been resolved and now the parties have decided to stop the respective litigation between them. It has also been disclosed that this is essential to ensure peaceful living between the parties belonging to the same village.

The offences under which the petitioner is facing trial are compoundable. Since the parties have compromised the matter, they are not likely to support the prosecution case against each other and as such no useful purpose would be served to continue these proceedings. It is rather for good for both the parties to live in peace and avoid bad blood in future.

This would advance the cause of justice as the parties have decided to compromise and forget the past. FIR No.295 dated 5.10.2002 registered under Sections 148, 149, 323, 324, 452 and 506 IPC at Police Station Pehowa and the challan presented against the respective parties on the basis thereof are hereby quashed.

Both the petitions stand allowed.

(Ranjit Singh)

Judge

15.9.2006

AS


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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