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  • Section 323, 326, 452, 367, 148 and 149 IPC (Annexure P-2)
  • Sections 323, 452, 148 and 149 IPC,
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citation codes
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  • Section 323, 326, 452, 367, 148 and 149 IPC (Annexure P-2)
  • Sections 323, 452, 148 and 149 IPC,

    Tarsem Lal And Others Petitioners v. State Of Punjab And Others S

    RITU BAHRI, J.

    Quashing of cross case under Section 323, 326, 452, 367, 148 and 149 IPC (Annexure P-2) in FIR No. 304 dated 31.12.2011, under Sections 323, 452, 148 and 149 IPC, registered at Police Station Basti Bawa Khel, Jalandhar (Annexure P-1), is sought on the basis of compromise dated 11.09.2013 (Annexure P-3).

    The F.I.R was registered on the basis of statement made by Tarsem Lal-petitioner No. 1 against the accused-Jagga, Lehri, Pandi, Vijay Kumar and Rahul (Annexure P-1). Thereafter, Kamaljit Singh-respondent No. 2 got registered a cross case under Section 323, 326, 452, 367, 148 and 149 IPC (Annexure P-2). Tarsem Lal-complainant is a property dealer by profession. On 30.12.2011, when he along with his son Simran and friend Amrit Pal @ Bablu were coming back home, they had a scuffle with Jagga, Lehri, Pandit, Vijay, Rahul etc. In this background, the FIR and the cross case were got registered.

    During the pendency of the trial, with the intervention of respectable persons, the matter has now been amicably resolved between the the parties vide compromise deed dated 11.09.2013 (Annexure P-3). Affidavits of respondent Nos. 2 and 3, in this regard, have been annexed as Annexures P-4 and P-5.

    In compliance with the order dated 27.01.2014 passed by this Court, the parties got recorded their statements before the trial Court. Report from the Judicial Magistrate Ist Class, Jalandhar, has been received in this regard. As per report, Tarsem Lal-complainant (petitioner No. 1) made his statement on 22.02.2014 to the effect that he has compromised the matter with the accused-respondents and he has no objection if the above said FIR and cross case are quashed. Statements of victim-Aman (Petitioner No. 2), Kamaljit Singh @ Jagga-respondent No. 2 and Rahul-respondent No. 3 were also recorded to the same effect.

    Similarly, in the cross version, statement of complainant-Kamaljit Singh @ Jagga has been recorded on 22.02.2014 to the effect that he has compromised the matter with accused-petitioners and has no objection if the present FIR and cross case are quashed. Statements of Tarsem Lal, Raman Kumar @ Kannu, Aman Kumar, Simran Kumar and Balwinder Singh @ Bittu-petitioners have also been recorded to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one.

    Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot v. State of Punjab 2008 (2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab 2007 (3) RCR (Crl.) 1052, this Court is of the view that no useful purpose would be served in prolonging the litigation.

    Accordingly, FIR No. 304 dated 31.12.2011, under Sections 323, 452, 148 and 149 IPC, registered at Police Station Basti Bawa Khel, Jalandhar (Annexure P-1) and cross case under Section 323, 326, 452, 367, 148 and 149 IPC (Annexure P-2) are quashed with all consequential proceedings arising therefrom qua the petitioners as well as respondent Nos. 2 and 3 respectively.

    The petition stands disposed of accordingly.

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    Tarsem Lal And Others Petitioners v. State Of Punjab And Others S
    (Aug 11, 2014)