HARPAL SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2022-1-59
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 05,2022

HARPAL SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents


Referred Judgements :-

MAHESH CHAND V STATE OF RAJASTHAN [REFERRED TO]
GIAN SINGH V. STATE OF PUNJAB [REFERRED TO]
HIMACHAL PRADESH CRICKET ASSOCIATION V STATE OF HIMACHAL PRADESH [REFERRED TO]
SHAKUNTALA SAWHNEY VS. KAUSHALYA SAWHNEY [REFERRED TO]
RAM PRASAD VS. STATE OF UTTAR PRADESH [REFERRED TO]
Y SURESH BABU VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF RAJASTHAN VS. SHAMBHU KEWAT [REFERRED TO]
NARINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF MAHARASHTRA VS. VIKRAM ANANTRAI DOSHI [REFERRED TO]
PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR VS. STATE OF GUJARAT [REFERRED TO]
THE STATE OF MADHYA PRADESH VS. DHRUV GURJAR AND ANOTHER [REFERRED TO]


JUDGEMENT

Anoop Chitkara, J. - (1.)JUDGEMENT_59_LAWS(P&H)1_2022_1.html
The petitioners, who have arraigned as accused in the above captioned FIR, have come up before this Court under Sec. 482 CrPC to quash the FIR and all consequential proceedings based on the compromise with the victims.

(2.)The gist of the allegations against the petitioner(s) is that on 13/2/2021, the police recorded the statement of complainant (respondent No.2 herein) under Sec. 154 Cr.P.C., in the following terms:-
"Statement of Vijay Kumar son of Kartar Chand resident of Ghanie Ke Bangar aged about 42 years mobile number 9779057580 stated that I am resident of above said address and I am laborer. On 12/2/2021 at about 8 pm, I was watching TV after taking dinner, bulbs were blowing in the house. Then I heard some quarrelling noise from the street. I tried to go to upstairs through stairs then Gurpinder Singh @ armed with kirpan, Inderjit Singh armed with iron rod, Supan son of Daljit Singh armed with iron rod, Harpal Singh @ Palu son of Ranjit Singh armed with iron rod, Jaggu son of Tarlochan Singh armed with 12 bore gun residents of Ghanie Ke Bangar and 5/6 unknown persons entered in the house of my cousin Kasturi Lal son of Shingara Mal. Gurvinder Singh raised lalkara that catch them and teach them a lesson for fighting with us. Gurpinder Singh gave kirpan blow to Prince son of Kasturi Lal resident of Ghanie Ke Bangar which hit on his head. He fell down on the ground, then Inderjit Singh, Supan, Harpal Singh alias Paly and unknown persons gave blows with their weapons two Kasturi Lal. That Jaggu fired from his 12 bore gun on me with the intention to kill me, pallets of the bullet hit me on my arms and legs, I fell down on the ground. They were abusing and broke the house of Prince; they also broke the car of Prince which was parked in the street and they ran away from the spot. That Mulkh Raj son of Haveli Ram resident of Ghanie Ke Bangar arranged the vehicle to get me and Kasturi Lal in Civil Hospital Fatehgarh Churian but doctor referred us to Gurunanak Hospital Amritsar due to serious injuries. That on dtd. 13/2/21 we again got admitted in Civil Hospital Fatehgarh Churian to get medical report. Prince was taken to Guru Nanak Hospital Amritsar at the same day due to injuries. We both are under treatment. Reason behind grudge is that on 12/2/21 at the day time Gurvinder Singh and Kasturi Lal had altercation in the market but made them understand to send them to their houses. Due to this grudge above said accused person in connivance with each other have inflicted injuries to us. Action may kindly be taken against them SD/ Vijay Kumar SD/Kasturi Lal attested by Amolak deep Singh SI SHO PS Ghanie Ke Bangar."

(3.)After that the investigation was conducted and other procedures were followed. During the pendency of the petition, the accused and the injured have compromised the matter, and its copy is annexed with this petition as Annexure P-2. After that, the petitioners have come up before this Court to quash the FIR, and in the quashing petition, the injured have been impleaded as respondent(s).


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.