HARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of FIR FIR No. 98 dated 02.04.2007 under Sections 457, 380, 447, 506, 511, 342, 148, 149 of Indian Penal Code (later on added Sections 395 and 498 of IPC) at Police Station Jagraon, District Ludhiana against the present petitioners on the basis of the compromise having been arrived at between the parties. Copy of the same has been placed on record as Annexure P-1. A separate statement of the complainant has also been recorded in the Court to the same effect. Reply by way of affidavit of respondent No. 2 (complainant) has also been filed. The same is taken on record.

(2.) It would be relevant to note the facts of the present case. As per the FIR, Amarjit Singh son of the complainant Manga Singh had purchased one plot in Agwar Gujra near Kacha Malak Road Jagraon. The complainant used to look after the aforesaid plot. But on 01.04.2007, Harjinder Singh son of Kartar Singh resident of Charcharari, Gurmeet Singh son of Bant Singh, resident of Dalla, Jagdev Singh son of Joginder Singh, Harpreet Singh son of Joginder Singh, residents of Chungi No. 5 Jagraon, Kulwant Singh son of Kuldeep Singh resident of Agwar Gujra Jagraon, Rajwinder Singh son of Joginder Singh, resident of Agwar Lopo and others armed with dangs jumped over the walls and broke open the door of the plot. Thereafter, they demolished the boundary walls of the aforesaid plot and took away the malba after giving out threats. The motive was the dispute over the said plot. The same dispute was personal in nature.

(3.) It is stated that the matter has since been compromised with the intervention of the respectables of the village. The complainant has compromised the matter and without any pressure from any one. To this effect, a separate statement of the complainant has also been got recorded in the Court. Affidavit of the complainant has also been placed on record. The Full Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another-2007(3) RCR (Criminal) 1052 has observed as under:-