The High Court of Punjab and Haryana quashed an FIR under Section 482 Cr.P.C. in a property dispute between brothers-in-law. Citing a compromise agreement and referencing Kulwinder Singh, the court held that simple injuries occurred and parties decided to maintain peace.
The impugned FIR and all consequential proceedings are quashed.
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Criminal Misc. No. M-13985 of 2011 (O&M)
1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-13985 of 2011 (O&M)
Date of Decision: 26.5.2011
Jasbir Singh and Others
…Petitioners
Versus
State of Punjab and Another
…Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Satwant Singh Rangi, Advocate for the petitioners.
Mr. Mehardeep Singh, Deputy Advocate General, Punjab, for respondent No.1.
Mr. Y.P.Singla, Advocate for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
Criminal 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 under Section 482 Cr.P.C. 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).
Criminal Misc. No. M-13985 of 2011 (O&M)
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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 respectables, 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
Criminal Misc. No. M-13985 of 2011 (O&M)
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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) Recent Criminal Reports 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.
(Kanwaljit Singh Ahluwalia) Judge
May 26, 2011 “ DK ”
1 issue framed by the court
Whether the FIR should be quashed under Section 482 Cr.P.C. due to a compromise between closely related parties.
Colour shows how this judgement treated each authority
Kulwinder Singh v. State of Punjab 2007(3) Recent Criminal Reports 1052Relied on¶31
2 provisions across 2 enactments
Jasbir Singh and Others
State of Punjab
Balwinder Kaur
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
