LAWS(P&H)-2014-12-479

MEWA SINGH Vs. STATE OF PUNJAB AND ANOTHER

Decided On December 22, 2014
MEWA SINGH Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. praying for quashing of complaint No.112/1 of 29.1.1999, RBT No.345 of 21.4.2009 made before JMIC, Gurdaspur, for the offences under Sections 464, 465, 471, 466, 468, 171-G, 120-B, 177, 182, 199, 418 and 420 IPC and all subsequent proceedings arising from this complaint on the basis of compromise (Annexure-P.3).

(2.) The complaint has been filed by complainant-Bachan Singh against the petitioner and others on the allegations that accused No.1 was the Sarpanch of the village during the period from 1993 to 1998 and accused Palwinder Kaur alias Kulwinder Kaur, Surjit Kaur alias Nirmaljit Kaur, Hardip Singh, Gurdialjit Singh, Sham Lal, Kuldip Singh, Mandip Kaur and Rajinder Singh being in the age of 14 to 17 years were minor and were not eligible to be registered as voters, but they were made voters at the instance of accused Mewa Singh in connivance with their parents/guardians, namely, Chanan Singh, Dalbir Kaur, Des Raj and Jaswant Singh. Accused Prem Chand, Sunita, Harpal Kaur, Kewal, Pala Singh, Shabbo, Rajwinder Kaur, Jagir Singh, Gursharan Kaur, Shivdeep Singh and Harvinder Kaur were not the residents of Village Chak Araian. Rather, they had got themselves enrolled in electoral roll of their respective village. The complaint was made and proceedings were initiated against the petitioner, whereas the complaint against the remaining accused was dismissed vide order dated 6.10.2000 (AnnexureP.1).

(3.) It has been stated in the petition that during the proceedings of the trial, the petitioner was convicted for the offences under Sections 465 and 468 IPC and sentenced to undergo imprisonment for a period of 1 year and for three years with fine of Rs. 500/- and Rs. 1,000/- respectively and in the case of default of the same to further undergo imprisonment for one month. The fine has been deposited. The petitioner has filed appeal, which is pending before the learned Additional Sessions Judge, Gurdaspur and during the pendency of the appeal a better sense prevailed and compromise has been effected between both the parties. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Additional Sessions Judge, Gurdaspur, has sent his report dated 21.11.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Bachan Singh has stated that he has entered into compromise with his free consent, without any pressure and coercion from any corner. He and the appellant belong to same village and brotherhood. He has entered into compromise with a view to promote harmony and cordial relations in future and to end bitterness and he has no objection if the complaint and subsequent proceedings emanating from the above complaint are quashed.