Criminal Misc. No. M- 6337 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 6337 of 2011 Date of decision:-30.3.2011 Satnam Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. P.S. Ahluwalia, Advocate for the petitioner. Mr. Vishal Munjal, Addl.A.G. Punjab for respondent No.1-State. Mr. Gurmeet Singh, Advocate for respondent No.2. RITU BAHRI J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 40 dated 1.3.2001 under Sections 323,324 and 452 IPC read with Section 34 IPC registered at Police Station Tanda, District Hoshiarpur (Annexure P-1) on the basis of compromise. As per FIR, on 25.2.2011 at around 9 PM when complainant- Jaswant Singh (now deceased) was present at his house alongwith his family members then accused Surinder Kaur, Partap Singh armed with daang, Satnam Singh-petitioner armed with daatar and driver of their bus name not know armed with daang alongwith two other unidentified persons trespass the house of the complainant forcibly and petitioner Satnam Singh gave two consecutive blows of daatar on the complainant. Then after raising alaram by complainant, his brother Balwinder Singh and his wife Ravail Kaur came there. The accused Criminal Misc. No. M- 6337 of 2011 -2- persons also inflicted injuries to Balwinder Singh when he tried to rescue the complainant-Jaswant Singh. Thereafter, when inhabitants of the locality started arriving at the spot, all the accused persons ran away with their respective weapons. In this background, the present FIR was registered against the accused persons. Respondent Nos.2 and 3 are present in the Court and identified by their counsel. Affidavits of respondent Nos.2 and 3 also filed. As per affidavit of Balwinder Singh, he and Raj Kaur had appeared before the court of Magistrate at Dasuya on 07.5.2003, 1.11.2004 and 2.9.2004. All the accused were acquitted except Satnam Singh-petitioner. The matter has now been resolved and they have no objection if the case against Satnam Singh also quashed and he be granted bail. The same contents are mentioned in the affidavit of Raj Kaur wife of later Jaswant Singh (complainant), in which she has stated that after the death of her husband, the matter has been amicably resolved and a compromise has been arrived at with accused Satnam Singh as accused Surinder Kaur is her sister-in-law. She alongwith her husband had appeared before the Court of Magistrate at Dasuya on 7.5.2003 and on 1.11.2004 and gave statement, therefore, the accused had been acquitted except Satnam Singh. Now, the matter has been resolved and they have no objection if the proceedings against Satnam Singh are quashed. Counsel for the petitioner states that the petitioner had been declared proclaimed offender on 07.8.2004 vide Annexure P-2. All the co- accused have been acquitted vide Annexure P-3 on 1.11.2004. The dispute is between close family relations and in the interest of justice, petitioner be allowed to appear before the trial Court so that the matter can be resolved. The criminal miscellaneous petition is disposed of by giving direction to the petitioner to appear before the trial Court within two weeks and Criminal Misc. No. M- 6337 of 2011 -3- submit his bail bonds to the satisfaction of trial Court. After accepting the bail bonds, the trial Court will record the statements of the parties and pass an appropriate order within a period of one month. The petition stands disposed of. March 30, 2011 ( RITU BAHRI ) Vijay Asija JUDGE