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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.38051 of 2017
Date of Decision: 08.03.2018
Varinder Pal Singh and others
. . . Petitioners
Versus
State of Punjab and others
. . . Respondents
CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Ms. Pavleen Kaur, Advocate
for the petitioners.
Mr. Karanbir Singh, AAG, Punjab.
Mr. Pardeep Bajaj, Advocate
for respondent Nos.2 to 7.
*****
Raj Shekhar Attri, J. (Oral)
By invoking Section 482 Cr.P.C., the petitioners have prayed
for quashing of cross versions recorded vide DDR No.37 dated
21.06.2014 and DDR No.10 dated 24.06.2014 under Sections 323, 325,
34 of the Indian Penal Code (for short ‘IPC’) (offence under Section 379
IPC was added later on) and proceedings under Section 173 Cr.P.C in
case bearing FIR No. 107 dated 24.06.2014 registered under Sections 324,
323, 148, 149, 354 IPC (at the time of filing proceedings under Section
173 Cr.P.C. offence under Section 354 IPC was deleted and the offence
under Section 341 IPC was added) at Police Station Machhiwara, Police
District Khanna, District Ludhiana and proceedings emanating therefrom
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CRM-M No.38051 of 2017
on the basis of compromise (Annexures P-4) arrived at between the
parties.
Learned counsel for the petitioners submits that in the cross
version case bearing F.I.R. No.107 dated 24.06.2014 under Sections 324,
323, 148, 149, 354 of IPC (at the time of filing challan, the offence under
Section 354 IPC deleted and Section 341 IPC added), registered at Police
Station Machhiwara, Police District Khanna, District Ludhiana has
already been quashed by this Court vide order dated 15.12.2017 passed in
CRM-M No.37423 of 2017.
Learned counsel for the petitioners further submits that in the
present case, the cross-versions were recorded on the statement of
respondent No.2/Gurbachan Singh son of Hushnak Singh @ Khush
Singh. Now, dispute between the parties has been resolved by way of
compromise Annexures P-4.
Vide orders dated 11.10.2017 and 05.12.2017, the parties
were directed to appear before the Illaqa Magistrate/trial Court to get their
statements recorded with regard to genuineness of compromise.
Pursuant thereto, a report has been submitted by the Judicial
Magistrate Ist Class, Samrala wherein it has been reported that statements
of the parties have been recorded and compromise entered between the
parties is genuine, voluntarily and out of free will.
Counsel for the State and respondent Nos.2 to 7 have not
disputed that the parties i.e. petitioners, respondent Nos.2 to 7
(complainant party) have arrived at a settlement with an intent to give
burial to their differences.
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CRM-M No.38051 of 2017
Perusal of allegations in the DDRs reveals that the present
case squarely falls in the category of cases that can be quashed by the
High Court, in exercise of its inherent power under Section 482 Cr.P.C.
Keeping in view authoritative enunciation of law laid down by Hon’ble
the Supreme Court in ‘Gian Singh v. State of Punjab and another’,
2012 (4) R.C.R. (Criminal) 543 and in the light of facts and
circumstances discussed hereinbefore, this Court is of the considered
opinion that continuation of criminal proceedings would amount to abuse
of process of law and it is expedient in the interest of justice that the same
are put to an end.
For the foregoing reasons, the petition is allowed, DDR
No.37 dated 21.06.2014 and DDR No.10 dated 24.06.2014 under Sections
323, 325, 34 of the Indian Penal Code (for short ‘IPC’) (offence under
Section 379 IPC was added later on) and proceedings under Section 173
Cr.P.C in case bearing FIR No. 107 dated 24.06.2014 registered under
Sections 324, 323, 148, 149, 354 IPC (at the time of filing proceedings
under Section 173 Cr.P.C. offence under Section 354 IPC was deleted and
the offence under Section 341 IPC was added) at Police Station
Machhiwara, Police District Khanna, District Ludhiana and proceedings
emanating therefrom stand quashed qua the petitioners.
[ RAJ SHEKHAR ATTRI ]
JUDGE
March 08, 2018
sachin
Whether Speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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