- (1.) This order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M-22921 of 2014 filed by Jagsir Singh etc. under Section 482 Cr.P.C. for quashing of FIR No.206 dated 7.8.2006 registered for the offences under Sections 323, 324, 325, 506, 148 and 149 IPC at Police Station Lambi, District Sri Muktsar Sahib and impugned judgment dated 22.11.2013 passed by learned Sub Divisional Judicial Magistrate, Malout and all other subsequent proceedings arising therefrom and Criminal Misc. No.M-23036 of 2014 filed by Rajinder Singh etc. for quashing of criminal complaint No.226- 1/16.12.2006 titled as "Jaskaran Singh v. Rajinder Singh and others" filed by respondent No.1 and impugned judgment dated 22.11.2013 passed by Sub Divisional Judicial Magistrate, Malout, vide which the petitioners have been convicted along with all other subsequent proceedings arising therefrom on the basis of compromise dated 17.2.2014 (Annexure-P.3) in both the petitions.
(2.) The FIR and the criminal complaint were got registered against each other by the petitioners of both the petitions as dispute arose as a result of fight between the parties in which injuries were received by both the parties. The land of both the parties adjoins to each other and a path which lead to their fields is common one. An iron pipe was laid down underneath the path and plastic pipe was passed through said iron pipe. Due to the dispute, they want to uproot said iron as well as plastic pipes. On 5.8.2006, complainant-Phulel Singh in FIR case and his sons Rajinder Singh, Bhupinder Singh and his nephew Randip Singh were digging over the fields, then Jagsir Singh, Jassa Singh, Harcharan Singh sons of Sarban Singh armed with 'Dangs', Sukhdev Singh armed with 'Gandasa', Jagsir Singh armed with dang along with five unidentified persons armed with handle of spades came to the fields of complainant and Harcharan Singh raised 'Lalkara' that caught them and teach them a lesson to lay down the pipe in common path. Then all the accused surrounded them and started giving beating to them, in which they received injuries. In complaint case, complainant Jaskaran Singh stated that the accused forcibly laid down the pipes. When the accusedpetitioners saw that their water pipe has been pulled out, then at about 4.30 p.m. on 5.8.2006, complainant and his brother Harcharan Singh and Jagjit Singh were present in their fields, accused Rajinder Singh armed with 'dang', Bhupinder Singh armed with 'Gandasa', Phulel Singh armed with 'dang' and Randip Singh armed with 'Kasia' came to them. Phulel Singh raised 'Lalkara' to teach them lesson for pulling out the pipe from the passage. The accused inflicted injuries to the complainant-side. In these cases, challans were filed and vide impugned judgments/orders dated 22.11.2013 in both the cases, the accused-petitioners in both the cases have been convicted and sentenced. Against the judgments of conviction and the orders of sentence, the petitioners have filed appeals before the learned Sessions Judge, Sri Muktsar Sahib, which are pending. During the pendency of these appeals, with the intervention of the panchayat members, relatives and respectable persons of the locality, the matter has been compromised between the parties, because both the parties are residing in the same locality, so that both the parties can live peacefully. Compromise deed dated 17.2.2014 in this regard has been placed on record.
(3.) Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Sri Muktsar Sahib for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Sri Muktsar Sahib has sent his report dated 5.11.2014 in both the petitions submitting that the compromise effected between the parties is with their free will and without any pressure or undue influence and the same is genuine. Complainant Rajinder Singh in FIR case and and complainant Jaskaran Singh in complaint case have stated that during the course of the appeals, with the intervention of the panchayat and other respectable persons of the village, the matter has been compromised and it has been decided that both the parties will resolve their issues and they do not want to proceed against each other. The compromise is voluntary, without any pressure, coercion and is with their free will and they have left no grudge against each other and they have no objection if the FIR and the complaint case are quashed.;