KULWANT SINGH Vs. STATE OF HARYANA
LAWS(P&H)-2021-8-79
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 16,2021

KULWANT SINGH Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Manoj Bajaj,J. - (1.) Petitioner has filed this petition under Section 482 Cr.P.C for quashing of FIR No.211 dated 04.05.2020 (Annexure P-1) registered under Sections 323, 506 IPC, 1860 and under Section 307 IPC, 1860 (added later on) at Police Station Rania, District Sirsa and subsequent proceedings arising therefrom on the basis of compromise/affidavit (Annexures P-4).
(2.) The above FIR was registered on the statement given by Manpreet Kaur wife of Kulwant Singh, which reads as under:- "Statement of Manpreet Kaur W/o Kulwant Singh, caste Kamboj Sikh, resident of Abholi, at present Sacha Sauda Mohalla, Rania, aged 40 years, Mob-8708148041, it is stated that I am resident of above mentioned address and am a household lady. I have two children. Eldest is Anmol Preet Singh and younger to him is Ashpreet Singh and my husband Kulwant Singh S/o Kartar Singh, resident of Abholi is a drug addict and I was married about 19/20 years ago and we live on rent in the house of Raju Chhabra in Rania. On 30.04.2020 at about 12.00 PM in the day, we all were present at our home, then my husband Kulwant demanded money from me, then I refused him to give money, then suddenly at the same time my brother Partap Singh S/o Pritam Singh, resident of Dhani Partap Nagar Ellenabad came and my brother brought Rupees Ten Thousands and gave it to me, they my husband Kulwant seen it and Rs.10,000/- while your brother Partap has given, give that money to me, then after giving money my brother went to the toilet, then on his back on not giving money my husband immediately became aggressive and an iron wiper lying near, which we have got made specially, immediately lifted the same and hit on my head and threatened me that I will kill you and you are to be finished. Then my brother came out of the toilet, then on seeing him my husband ran away from the spot by carrying the wiper and while leaving said that today you saved, in future I will kill you and then I became unconscious, then I came to know that my brother Partap Singh arranged a vehicle and got me admitted in City Health Care Centre, Sirsa for treatment. Now my treatment is going on here in City Health Care Centre Sirsa. My husband Kulwant Singh S/o Kartar Singh, caste Kamboj, resident of Abholi has done wrong by causing injury to me without any reason. Legal action should be taken against my husband and I am apprehending danger to the children at the hands of my husband. Statement got recorded, heard and understood, which is correct."
(3.) Learned counsel for the petitioner refers to affidavit (Annexure P-4) to contend that the compromise has been arrived at between the parties with the intervention of the respectables and the dispute has been amicably settled. According to him, the prosecution of the petitioner would be a futile exercise and prays for quashing of FIR.;


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