MOHINDER SINGH Vs. HARJINDER SINGH

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. seeks quashing of complaint Annexure P-1, pending in the Court of learned Additional Sessions Judge, Jalandhar, summoning order dated 29.4.1998, passed by the learned Judicial Magistrate IInd Class, Jalandhar and the proceedings consequential thereto.

(2.) ON the statement of Harjinder Singh, a case FIR No. 134 dated 13.9.1997, under Sections 307, 452, 506, 148, 149 IPC and 25/54/59 of the Arms Act, at Police Station Division No. 4, Jalandhar was registered. During investigation, the police found the accused persons innocent as according to the police no such incident had taken place. Cancellation report was presented in the Court of learned Chief Judicial Magistrate, Jalandhar, which was accepted by said Court on 19.5.1998. Thereafter, Harjinder Singh filed a Criminal Revision in the Court of learned Sessions Judge, Jalandhar, against the order of the learned Chief Judicial Magistrate, Jalandhar, dated 19.5.1998. That revision petition has been disposed of vide order dated 28.02.2001 as having been withdrawn. However, inspite of this, the matter is fixed before the learned Chief Judicial Magistrate on 24.3.2001 for framing of charges. At the same time, Harjinder Singh had filed a complaint mentioned above which is pending in the court of learned Judicial Magistrate Ist Class, Jalandhar. As noticed above, the petitioners have been summoned in the aforesaid complaint case. During the pendency of all these proceedings, Mohinder Singh-petitioner had also filed Criminal Misc. Petition No. 45362-M of 2000, in this Court seeking transfer of the complaint filed by the respondent. This petition is also pending in this Court and fixed for hearing today i.e. 06.03.2001. This petition for transfer has been filed on the basis that the respondent is the member of the Local Bar Association and he is likely to influence and delay proceedings of the case. However, recently, some common friends and members of the District Bar Association, Jalandhar, have intervened and better sense has prevailed between the parties. It is stated by the learned counsel for the parties that the matter has been amicably settled between the parties. It was in view of this settlement that respondent No. 1 had withdrawn the revision petition which was pending before the Court of learned Additional Sessions Judge, Jalandhar. The parties are present in Court. Respondent-Harjinder Singh is identified by Mr. G.S. Bawa, Advocate. The petitioners also now wish to withdraw Criminal Misc. No. 45362-M of 2000, seeking transfer of the case. Both the parties wish to put an end to the criminal proceedings.