MOHAN SINGH AND ANOTHER Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2013-9-421
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 09,2013

Mohan Singh And Another Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

Ritu Bahri, J. - (1.) QUASHING of FIR No. 59 dated 07.06.2013, under Sections 435, 427, 34 IPC, registered at Police Station Sadar Rupnagar, District Rupnagar (Annexure P -1), is sought on the basis of compromise dated 14.06.2013 (Annexure P -2). The F.I.R. was registered on the basis of statement made by Davinder Singh -complainant (respondent No. 2), alleging therein that he has sown sugarcane crop in 11/2 killa of his land. On 04.06.2013 at about 5.30 P.M., Mohan Singh son of Pritam Singh and Sarabjit Singh son of Mohan Singh -petitioners set ablaze his crop, as a result of which, his sugarcane crop, popular plants and plastic shower pipes were burnt and he suffered a huge loss on this account. In this background, the FIR was registered.
(2.) DURING the pendency of the investigation, with the intervention of family members, relatives and respectable persons of the society, the dispute has now been amicably resolved between the parties vide compromise deed dated 14.06.2013 (Annexure P -2). In compliance with the order dated 01.07.2013 passed by this Court, the parties got recorded their statements before the trial Court. Report from the Additional Chief Judicial Magistrate, Rupnagar (Duty), has been received in this regard. As per report, Davinder Singh -respondent No. 2 appeared before the Court on 26.07.2013 and made a statement to the effect that with the intervention of respectable persons, he has compromised the matter with the accused -petitioners. The compromise (Ex. CX) has been effected without any pressure, threat or coercion. He has no objection if the above said FIR is quashed. A joint statement of Mohan Singh and Sarabjit Singh -petitioners was also recorded to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one.
(3.) CONSEQUENTLY , in view of the status report and the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab : 2008(2) RCR (Crl.) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another : 2007(3) RCR (Crl.) 1052, this Court is of the view that no useful purpose would be served in prolonging the litigation.;


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