Allowed

Ranga Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC18 Sept 2013CRM-M/20872/2013

Case brief

AI extract

What is this about?

Single judge quashed FIR No. 136 under Sections 323/324/34 IPC after parties amicably settled the land dispute via a compromise deed. Court found the compromise was voluntary and genuine based on DSJ report. Discharge petition allowed.

What did the court decide?

FIR No. 136 under Sections 323/324/34 IPC and all consequential proceedings qua petitioners are quashed.

Ranga Singh and Ors. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-20872 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-20872 of 2013 (O&M) Date of decision : 18.09.2013

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Ranga Singh and others

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....Petitioners

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versus

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State of Punjab and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. S.S. Majithia, Advocate for the petitioners

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Mr. A.P.S. Gill , AAG, Punjab

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Mr. Gurseetal Singh, Advocate for respondent No. 2.

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RITU BAHRI , J. (Oral)

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Quashing of FIR No. 136 dated 25.06.2003 under Sections 323/324/34 IPC, registered at Police Station Lambi, Distt. Muktsar Sahib is sought on the basis of compromise dated 03.06.2013 (Annexure P2) and affidavit of the complainant (P-3)

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F.I.R has been registered at the instance of respondent No. 2 on the allegations that on 22.06.2003 at about 8.30 P.M, younger brother of respondent No. 2 was at the shop. The complainant and his fat her were at home. His brother came back home and told that Gora Singh is standing in front of the shop and is armed with sella and is hurling abuses to them. They went to the shop then Gora Singh was standing at Pikkowali turn who ran towards them and attacked the complainant with sella which landed on the right side of the cheek of his face. In the meantime,

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Arora Gaurav 2013.09.28 11:46 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-20872 of 2013 (O&M)

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Neela Singh and Chindo who were armed with Gandasi also came there and along with them Phalel Singh who was carrying dang came on the spot and Phalel Singh caught hold of the complainant and Chindo gave blow with gandasi on the finger of his left hand and Palel gave dang blow of his left hand and Ranga gave one more blow with sella upon him which landed below on his right hand. On raising raula, the accused persons ran away to their houses along with respective weapons. The cause of dispute is that the complainant and his family are having dispute with Phalel Singh regarding land of their house. In the above background, F.I.R was registered against petitioners.

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During the pendency of the trial, the parties have amicably settled the matter, vide compromise deed dated 03.06.2013 (P-2) .

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In compliance of order dated 03.07.2013, the parties got recorded their statements. Report of Distt. And Sessions Judge, Sri Muktsar Sahib has been received in this regard. As per report, complainant-Gursheetal Singh got recorded his statement and stated that he has voluntarily compromised the matter with the intervention of panchayat. The compromise is without any pressure, threat, undue influence and coercion. He has no objection if the accused persons are discharged from the present case. Separately statements of the accused-petitioners i.e Ranga Singh, Neela Singh, Chhindo, Sukhpal Kaur @ Pallo and Phulel Singh are also to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.

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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

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Punjab 2008(2) RCR (Criminal) 429 , the law laid down by the Full Bench of this

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Arora Gaurav 2013.09.28 11:46 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-20872 of 2013 (O&M)

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Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another

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2007(3) RCR (Crl.) 1052 , no useful purpose would be served in prolonging the litigation.

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Accordingly, FIR No. 136 dated 25.06.2003 under Sections 323/324/34 IPC, registered at Police Station Lambi, Distt. Muktsar Sahib is quashed with all consequential proceedings arising therefrom qua petitioners.

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The petition stands disposed of.

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18.09.2013

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G.Arora

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(RITU BAHRI) JUDGE

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Arora Gaurav 2013.09.28 11:46 I attest to the accuracy and integrity of this document

Ranga Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

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Ranga Singh and Ors. v. State of Punjab and Anr.

Case brief

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