IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRM No. M- 30275 of 2010 Date of decision : 10.11.2010 Bant Singh and Others ….. Petitioners Versus State of Haryana and another …… Respondents Present : Mr. Surinder Singh, Advocate for the petitioners with Bant Singh (petitioner No.1) in person. Mr. K.C. Gupta, Sr. DAG, Haryana with ASI Mohinder Singh, Police Station Saha, District Ambala. Mr. Satbir Rathore, Advocate for respondents No.2 with Kulwant Singh @ Kaka (respondent No.2) in person. (2) CRM No. M- 30276 of 2010 Date of decision : 10.11.2010 Kulwant Singh and Others ….. Petitioners Versus State of Haryana and another …… Respondents Present : Mr. Satbir Rathore, Advocate for the petitioners with Kulwant Singh @ Kaka (petitioner No.1) in person. Mr. K.C. Gupta, Sr. DAG, Haryana with ASI Mohinder Singh, Police Station Saha, District Ambala. Mr. Surinder Singh, Advocate for respondent No.2 with Bant Singh (respondent No.2) in person. **** S.S. SARON, J. CRM No. M- 30275 of 2010 [2] CRM No. M- 30276 of 2010 This order will dispose of Crl. Misc. No. M-30275 of 2010 and Crl. Misc. No. M-30276 of 2010 as they are between the same parties. In CRM No. M-30275 of 2010, the petitioners Bant Singh and others seek quashing of FIR No.41 dated 4.5.2008 (Annexure P1) registered at Police Station Saha, District Ambala for the offences under Sections 148, 149, 323, 324, 325, 427, 448, 452 and 506 IPC and subsequent proceedings arising therefrom on the basis of compromise dated 26.9.2010 (Annexure P2). In CRM No. M-30276 of 2010, the petitioners Kulwant Singh @ Kaka and others seek quashing of FIR No.162 dated 26.11.2007 (Annexure P1/T) registered at Police Station Saha, District Ambala for the offences under Sections 148, 149, 323, 324 and 506 IPC; besides, Sections 308 and 325 IPC which were added later on the basis of the same compromise dated 26.9.2010 (Annexure P2). The affidavit of Kulwant Singh @ Kaka (respondent No.2) in CRM No. M-30275 of 2010 has been filed and affidavit of Bant Singh (respondent No.2) in CRM No. M-30276 of 2010 has also been filed which are taken on record. The dispute is between the co-villagers of the same village. The said FIRs stand registered by both the parties against the other. In Crl. Misc. No. M-30275 of 2010 FIR has been registered on the complaint of Kulwant Singh @ Kaka (respondent No.2). The complainant Kulwant Singh @ Kaka (respondent No.2 in CRM No. M-30275 of 2010) has alleged that on 25.11.2007 at about 4.00 p.m. all the accused came in the fields of the CRM No. M- 30275 of 2010 [3] CRM No. M- 30276 of 2010 complainant. At that time, the complainant/respondent No.2 was going towards his fields. In the meantime all the accused started cutting the wooden pole which was embedded in his fields. When the complainant/respondent No.2 asked them as to why they had cut the wooden pole, all the accused started a scuffle with the complainant. Bant Singh (petitioner No.1 in Crl. Misc. No. M-30275 of 2010) was armed with ‘kassi’ and he gave a kassi blow to the complainant. When the complainant had fallen down, Naib Singh (petitioner No.4 in Crl. Misc. No. M-30275 of 2010) gave fist blows in his stomach. Harjeet Singh and Ranjit Singh (petitioners No.2 and 3 in Crl. Misc. No. M-30275 of 2010) gave danda blows to the complainant. In the meantime, Balwant Singh came at the spot and he rescued the complainant from the clutches of the accused and they had also caused injuries thereafter to the accused in their self-defence. The complainant was taken to the civil hospital at Ambala where his statement was recorded. It is alleged that the accused were in the process of running from the spot and accused Harjeet Singh (petitioner No.3 in Crl. Misc. No. M-30275 of 2010) fell down on the pole and as a result of which he received injury on his head. In CRM No. M-30276 of 2010, the complainant Bant Singh (respondent No.2) had lodged FIR No.162 dated 26.11.2007 at Police Station Saha, District Ambala. It is alleged by him that on 25.11.2007 at about 4.00 p.m. the complainant and his brother Naib Singh (petitioner No.4 in Crl. Misc. No. M-30275 of 2010) were returning from their fields after completing their work. Fields of Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of CRM No. M- 30275 of 2010 [4] CRM No. M- 30276 of 2010 2010) were adjacent to the fields of the complainant/respondent No.2 which had been given on contract (Theka) to Balwant Singh (petitioner No.2 in Crl. Misc. No. M-30276 of 2010) and Mela. The passage of the fields of the complainant went through the fields of Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010). There were four curves in that way. A wooden pole was fixed on the first curve from the road side in the fields of Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010). Near that pole Kaka son of Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010), Balwant Singh (petitioner No.2 in CRM No. M-30276 of 2010) son of Seo Ram, Rajinder Singh @ Raju (petitioner No.4 in CRM No. M-30276 of 2010) son of Balwant Singh and Sukhwinder Singh @ Kala (petitioner No.3 in CRM No. M-30276 of 2010) son of Jaimal Singh were already standing there who were having gandasi, Kassi and lathies. When the complainant Bant Singh (respondent No.2) and his brother Naib Singh (petitioner No.4 in CRM No. M-30275 of 2010) were passing from near them then son of Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010) namely Kaka (petitioner No.1 in CRM No. M-30276 of 2010) abused the complainant and his brother and said as to why had they cut the pole which was fixed by them on the curve of the fields and by saying that Kaka (petitioner No.1 in CRM No. M-30276 of 2010) son of Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010) gave gandasi as well as Kassi blows on the head of the complainant. Sukhwinder Singh @ Kala (petitioner No.3 in CRM No. M-30276 of 2010) gave a gandasi blow on the complainant from its CRM No. M- 30275 of 2010 [5] CRM No. M- 30276 of 2010 reverse side which hit on his head and the second blow of gandasi hit the complainant on his right arm. The brother of the complainant/respondent No.2 namely Naib Singh (petitioner No.4 in CRM No. M-30275 of 2010) was also beaten by the accused with gandasi, kassi and Lathi. The complainant and his brother made a noise and the sons of the complainant/respondent No.2 namely Harjeet Singh and Ranjit Singh (petitioners No.2 and 3 in Crl. Misc. No. M-30275 of 2010) who were watering their fields also came at the spot and in the meantime Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010) who had a gandasi in his hand and Vikram Singh @ Vicky (petitioner No.6 in CRM No. M-30276 of 2010) who also had a gandasi in his hand came at the spot from the road side. Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010), Vikram Singh @ Vicky (petitioner No.6 in CRM No. M-30276 of 2010) and Balwant Singh (petitioner No.2 in CRM No. M-30276 of 2010) all three gave beatings to the son of the complainant namely Harjeet (petitioners No. 2 in Crl. Misc. No. M-30275 of 2010) with gandasi and kassi and threw him on the ground by treating him as in a dead condition and also gave beatings to his other son namely Ranjit Singh (petitioners No.3 in Crl. Misc. No. M-30275 of 2010). The complainant and his sons then raised an alarm of ‘bachao-bachao’. Then lot of people came at the spot, wherein Baljinder Singh son of Bachitter Singh (petitioner No.5 in CRM No. M-30725 of 2010) and the nephew of the complainant namely Jeevan Singh came at the spot. On seeing the people running towards the spot, all the assailants ran away from the spot with their respective weapons and while going they CRM No. M- 30275 of 2010 [6] CRM No. M- 30276 of 2010 said that the complainant and his sons had escaped on the said day of the incident but they (assailants) would kill them on finding an occasion. The complainant/respondent No.2 and his brother Naib Singh (petitioner No.4 in Crl. Misc. No. M-30275 of 2010) and the sons of the complainant namely Harjeet Singh and Ranjit Singh (petitioners No.2 and 3 in Crl. Misc. No. M-30275 of 2010) were taken to the clinic of Rakesh at Kesri. The doctor was not present there. After the Compounder gave them first aid, they were taken to Civil Hospital, Ambala. The complainant/respondent No.2 and his brother Naib Singh (petitioner No.4 in Crl. Misc. No. M-30275 of 2010) and Ranjit Singh (petitioner No.3 in Crl. Misc. No. M-30275 of 2010) were admitted by the doctor for treatment and another son of the complainant namely Harjeet Singh (petitioner No.2 in Crl. Misc. No. M-30275 of 2010) was referred to PGI, Chandigarh. Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010) was having enmity with the complainant due to fixing of transformer etc. The complainant got the electric connection through Court. Dev Lamba @ Gurdev Singh (petitioner No.5 in CRM No. M-30276 of 2010), Vikram Singh @ Vicky (petitioner No.6 in CRM No. M-30276 of 2010), Sukhwinder Singh @ Kala (petitioner No.3 in CRM No. M-30276 of 2010), Kulwant Singh @ Kaka (respondent No.2 in CRM No. M-30275 of 2010) and Balwant Singh (petitioner No.2 in CRM No. M-30276 of 2010) had caused injuries to the complainant and his sons with their common intention. A perusal of the aforesaid two FIRs shows that they relate to the same incident of 25.11.2007 wherein the parties had got into a fight. The matter has now been settled in terms of the CRM No. M- 30275 of 2010 [7] CRM No. M- 30276 of 2010 compromise dated 26.9.2010 (Annexure P2). All the injured and the accused from both the sides have signed the compromise in which it has been agreed that both the parties are residents of the same village/nearby village and the continuation of the litigation between the parties is not for the welfare and betterment of both the parties because it would make relations more strained. Therefore, with the intervention of the respectables and relatives of both the parties of the village, the parties have agreed to compromise the matter amicably and now there is no ill-will against each other or between the parties. As per the compromise, both the parties have now agreed to give favourable statements in the Court, so that both the cases can be withdrawn from the Court as none of the parties wants to take action against each other. Kulwant Singh @ Kaka (respondent No.2 in CRM No. M- 30275 of 2010) who is complainant in FIR No.41 dated 4.5.2008 has filed his affidavit in Court today in which it is stated that the dispute has been amicably settled with the intervention of respectables of both the villages. Both the parties are from the same/nearby village and are agriculturists and their fields are adjacent to each other. Now Kulwant Singh @ Kaka (respondent No.2 in CRM No. M-30275 of 2010) who is present in Court and is identified by his counsel Mr. Satbir Rathore does not want to proceed with the case and he would have no objection if FIR No.41 dated 4.5.2008 is quashed. He further states that he is making his statement of his own free will and desire and without any kind of pressure or undue influence. It is also stated by the complainant Balwant Singh, Sukhwinder Singh, Rajinder Singh @ Raju Gurdev CRM No. M- 30275 of 2010 [8] CRM No. M- 30276 of 2010 Singh @ Dev Lamba and Vikram Singh (petitioners No.2 to 6 in CRM No. M-30276 of 2010) have also compromised the matter. Bant Singh (respondent No.2 in CRM No. M-30276 of 2010) who is complainant in FIR No.162 dated 26.11.2007 has filed his affidavit in Court today in which it is stated that both the parties and the injured persons have settled their dispute amicably with the intervention of the respectables of the village. Both the parties are from the same/nearby village and are agriculturists and their fields are adjacent to each other. Now the complainant/respondent No.2 does not want to proceed with the case and he would have no objection if the FIR is quashed. Bant Singh (respondent No.2) is identified by his counsel Mr. Surinder Singh, Advocate. Bant Singh has stated that he has compromised the matter of his own free will and desire and without any kind of pressure or undue influence. It is also stated by the complainant that his sons namely Harjeet Singh and Ranjit Singh (petitioners No.2 and 3 in Crl. Misc. No. M- 30275 of 2010) and brothers namely Naib Singh and Bachittar Singh (petitioners No.4 and 5 in CRM No. M-30275 of 2010) have also compromised the matter. Learned State counsel has submitted that in case the dispute between the co-villagers has been amicably settled, the State would have no serious objection to the quashing of the FIR in view of the compromise having been amicably reached at. After giving my thoughtful consideration to the matter it may be noticed that the dispute in the present case is of a personal in nature inasmuch as in relation to a passage in the village. The CRM No. M- 30275 of 2010 [9] CRM No. M- 30276 of 2010 incident had occurred and now both the parties have decided to amicably resolve the same and live peacefully in the village. In Madan Mohan Abbot v. State of Punjab (2008) 4 SCC 582 it was observed by the Supreme Court as follows:- We need to emphasise that it is perhaps advisable that in disputes where by question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground realities and bereft of the technicalities of the law. Besides, a five Judges Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Crl.) 1052 has observed as follows:- “ The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the CRM No. M- 30275 of 2010 [10] CRM No. M- 30276 of 2010 Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. No embargo, be in the shape of Section 320 (9) of the CrPC, or any other such curtailment, can whittle down the power under Section 482 of the CrPC. The Compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the CrPC is sued to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is ‘finest hour of justice’. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the CrPC in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of CRM No. M- 30275 of 2010 [11] CRM No. M- 30276 of 2010 justice may throw up during the course of a litigation”. In view of the above, the Crl. Misc. petitions (i.e. CRM No. M-30275 of 2010 and CRM No. M-30276 of 2010) are allowed and the impugned FIR No.41 dated 4.5.2008 (Annexure P1 in CRM No. M-30275 of 2010) registered at Police Station Saha, District Ambala for the offences under Sections 148, 149, 323, 324, 325, 427, 448, 452 and 506 IPC and FIR No.162 dated 26.11.2007 (Annexure P1/T in CRM No. M-30276 of 2010) registered at Police Station Saha, District Ambala for the offences under Sections 148, 149, 323, 324 and 506 IPC; besides, Sections 308 and 325 IPC which were added later, on the basis of the same compromise dated 26.9.2010 (Annexure P2), and all subsequent and consequential proceedings arising therefrom shall stand quashed. (S.S. SARON) JUDGE November 10, 2010 amit