LOVEJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure for quashing of the FIR No.0100 dtd. 1/7/2020, registered under Ss. 452, 427, 160, 506, 323, 148, 149 IPC at Police Station Cantonment, Amritsar and subsequent proceedings initiated thereafter on the basis of compromise dtd. 31/8/2020 (Annexure P-2).

(2.) The learned counsel for the petitioners has submitted that in the present case, a fight took place between the neighbours due to misunderstanding which caused simple injuries upon the complainant and her husband and thereafter the present FIR was lodged against seven petitioners, who are the accused. He has further submitted that since it was a result of misunderstanding between the parties, the respectables of the area had intervened and a compromise was reached between the parties vide Annexure P-2 and the dispute between the neighbours has since been settled. It has also been submitted that it was not a case of any serious injury to anybody and was only a result of a fight between the neighbours. He further submitted that the present case does not fall in the category of serious and heinous offence and since the matter has been amicably settled between the parties, the alleged FIR may be quashed on the basis of compromise so that the parties do not face further prosecution as it would serve no purpose. He has further submitted that on 23/12/2020, notice of motion was issued by this Court for recording of the statements of all the affected parties. He has submitted that although the husband of the complainant, who had also received simple injury is not a party in the present petition but his statement has since been recorded by the Illaqa Magistrate/trial court/Duty Magistrate with regard to the aforesaid compromise. He has also submitted that there are seven accused who are the petitioners, and respondent No.2/complainant Roop Kaur is being represented by Mr. Harjit Singh Ghazoo, Advocate, who has filed his power of attorney on her behalf. He has further submitted that the notice was issued in December, 2020 but the State has not chosen to file any affidavit/reply in the present case in view of the settlement arrived at between the parties.

(3.) Mr. Harjit Singh Ghazoo, Advocate appearing on behalf of respondent No.2 has submitted that it is correct that there was a fight among the neighbours which caused simple injuries and the matter has been amicably settled with the intervention of the respectables and he has no objection in case the FIR is quashed since no useful purpose would be served in case further prosecution is carried on. He has further submitted that both respondent No.2/complainant and her husband have recorded their statements before the Illaqa Magistrate/trial Court in pursuance of the directions issued by this Court apart from the statements recorded by all the petitioners, who are the accused in the alleged FIR.