KARNAIL SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2012-2-88
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 24,2012

KARNAIL SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) This judgment will dispose of two petitions bearing No. M-2671 of 2011 and M-7276 of 2011, as the same have arisen out of one and the same incident.
(2.) Petitioners namely, Karnail Singh, Sukhwinder Kaur, Dalbir Kaur, Kashmair Kaur alias Bholi, Joginder Singh and Amarjeet Singh have filed the present petition for quashing of FIR No. 52 dated 27.2.2004 under sections 326/324/148/ 149 IPC registered at Police Station Jandiala,on the basis of compromise annexed as Annexure P2 with the petition, whereas Crl.M.No. M-7276 of 2011, has been filed by Natha Singh, Sonu, S. Joginder Singh, Smt. Satbir Kaur, Smt. NirmalKaur and S. Avtar Singh for quashing of complaint No. 567/05 dated 29.10.2005 and all subsequent proceedings.
(3.) It is not in dispute that both the cases have arisen out of the same incident between the same parties. Keeping in view the statements made before this Court and noticing the fact that the parties have compromised this Court directed the parties to record their statements before the trial Court in support of their compromise. A report has been received from the Court of Ms. Hargurjit Kaur, Judicial Magistrate Ist Class, Amritsar, which reads thus :- "With reference to Criminal Misc. No. M-2671 of 2011 dated 28.1.2011, on the subject cited above, I have the honour to submit that complainant appeared in the court of undersigned and filed an application for recording their statements. It is further submitted that statement complainant Jagwinder Singh, was recorded in which he deposed that he has compromised with the accused without any pressure and coercion in any manner and even exhibited the compromise as Ex.C 1 (original compromise has been filed in the cords case titled as Karnail Singh v. Natha Singh, regarding which criminal Misc. No. 7276/2011 is pending in Hon'ble Court of Ms.Justice Ritu Bahri, Judge, Punjab and Haryana High Court). Further statement of Gurvinder Singh, injured is also recorded in which he stated that he has compromised the matter with the accused without any pressure or coercion in any manner and copy of compromise is Ex.C1. He further deposed that the accused belong to his village. He further deposed that the compromise which bears his signatures be accepted. Both, the complainant as well as Gurvinder Singh was identified by counsel Sh.J.P.Verma, Advocate. Now the case is pending for 21.3.2011, for awaiting the orders from Hon'ble High . My report is submitted for your information and necessary action, please".;


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