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2011 DIGILAW 2144 (PNJ)

Mantej Singh v. State of Punjab

2011-12-01

RANJIT SINGH

body2011
JUDGMENT RANJIT SINGH, J Claiming that the petitioners have been falsely implicated in FIR No. 161 dated 12.07.2008 registered under Sections 326, 324, 323, 452 and 34 IPC at Police Station Sadar, District Hoshiarpur, the petitioners have filed this petition for quashing of the said FIR and all subsequent proceedings. The prayer for quashing is made on the basis of compromise, which the parties have arrived at. Copy of the compromise is also annexed with the petition as Annexure P-2. The criminal complaint was filed under various sections and also is pending between the parties. The said complaint was filed by petitioner No. 1 against respondent No. 2 titled Dharaminder Singh versus Jaswant Singh, which is pending before JMIC, Hoshiarpur. During the pendency of these proceedings, the parties have decided to compromise and settle the issue amicably. The complainant (respondent No. 2) does not wish to further prosecute the FIR on the ground that the misunderstanding between the parties has been cleared. They, accordingly, have filed this petition for quashing of the FIR. Counsel for the petitioners says that as per the compromise, the petitioners will withdraw the complaint, which they have filed. Though the complaint has so far not been withdrawn but the counsel has given an undertaking before this Court that he would withdraw the complaint on the next date fixed before the trial court. The complainant alongwith his wife is present in the Court. He has also confirmed that the cases have been compromised. The petitioners are also present and have stood by this compromise. Petitioner No. 1 has undertaken before the Court that he will withdraw the complaint, which he has filed. It may be satisfying to notice that the parties have resolved their dispute and differences through this compromise but they have taken three years to do so. As a result, they have wasted enough time of the trial Court and of the investigating agency, besides the time of this Court as well. The parties, therefore, must compensate the Courts for wasting the time before realizing to settle the dispute. They can be expected to resolve their dispute and differences by way of compromise at the first available opportunity. Be that as it may, the prayer now is allowed. The parties, therefore, must compensate the Courts for wasting the time before realizing to settle the dispute. They can be expected to resolve their dispute and differences by way of compromise at the first available opportunity. Be that as it may, the prayer now is allowed. FIR No. 161 dated 12.07.2008 registered under Sections 326, 324, 323, 452 and 34 IPC at Police Station Sadar, District Hoshiarpur and all subsequent proceedings arising therefrom are hereby quashed. For this, the Court would have ample powers in view of ratio of law laid by Full Bench decision of this Court in Kulwinder Singh versus State of Punjab 2007 (3) RCR (Cri.) 1053. This shall, however, be subject to payment of ` 10,000/- as costs, to be equally shared by both the parties. The costs be deposited in the accounts of Legal Services Authority, Punjab. If the costs are not deposited, the FIR and the complaint case will stand revived.