IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRM-M ________ of 2020

Sukhwinder Singh and Others

...............Petitioners
Versus
State of Haryana and Others
…....….Respondents

INDEX
No. Particular Dated Pages Fee
A. Urgent Form 18.08.2020 A
1. Petition U/S 482 Cr.P.C. 18.08.2020 1-4
2. Affidavit in support 18.08.2020 5-6
3. Annexure P-1 ( FIR ) 04.06.2020 7-8
4. Annexure P-2 (Compromise) 31.07.2020 9-11
5. Power of Attorney 16.08.2020 12
VERNACULARS
6. Annexure P-1 ( FIR ) 04.06.2020 13-20
7. Annexure P-2 (Compromise) 31.07.2020 21-23

Note:
1. Any other Similar Case: No
2. Copy Supplied to AG, Haryana
3. Petitioner undertakes to furnish all the required
documents within one week after the lifting of
lockdown as per the instructions issued by this Hon'ble
Court.

Place: Chandigarh (Narinder S. Lucky)

Dated: 18.08.2020 Advocate (P-1317/2003)
Counsel for the Petitioner
 1

IN THE HIGH COURT FOR THE STATE OF PUNJAB AND

HARYANA AT CHANDIGARH

CRM-M- _________ OF 2020

MEMO OF PARTIES
1. Sukhwinder Singh, aged about 23 years son of Nirmal
Singh
2. Manjit Singh, aged about 28 years son of Avtar Singh

3. Baldev Singh, aged about 46 years son of Pritam Singh

4. Nirmal Singh, aged about 45 years son of Pritam Singh

5. Avtar Singh, aged about 32 years son of Pritam Singh

6. Gurdeep Singh, aged about 24 years son of Baldev

Singh

... All are residents of Village Patwi, Tehsil and District

Ambala.
…….Petitioners
Versus
1. State of Haryana

2. Jagtar Singh son of Maya Ram

3. Neeraj Singh son of Jagtar Singh

4. Harjinder Singh son of Om Parkash

5. Gurwinder Singh son of Narang Singh

... All are residents of Village Patwi, Tehsil and District

Ambala.
...….Respondents

Place: Chandigarh (Narinder S. Lucky)

Dated: 18.08.2020 Advocate (P-1317/2003)
Counsel for the Petitioner
 2

Petition under Section 482 Cr.P.C.

for quashing of FIR No. 73 dated

04.06.2020, under Section 148,

149, 323, 324, 506 IPC (Section

326 IPC added later on),

registered at PS Panjokhra,

District Ambala (Annexure P-1),

on the basis of compromise dated

31.07.2020 (Annexure P-2) and

all the subsequent proceedings

arising therefrom.

RESPECTFULLY SHOWETH:

1. That the petitioners are resident of above

mentioned address and are therefore competent to file

present petition U/s 482 Cr.P.C. before this Hon’ble Court.

2. That respondent No. 2 has lodged the above noted

FIR against the petitioners, on the allegations that they

demolished the wall of Gurudwara Sahib and gave injuries

to him and other voluntaries, who were helping in the

construction work carried out in the Gurudwara Sahib of

the village. A copy of FIR dated 04.06.2020 is attached

herewith as Annexure P-1.

 3

3. That during the pendency of above noted FIR, the

matter has been resolved between the parties and both the

parities decided to quash the above mentioned FIR lodged

against the petitioners. In this regard compromise between

both the parties has been reduced into writing and the

complainant/injured are having no objection, if the above

noted FIR is quashed or cancelled. A copy of the compromise

dated 31.07.2020 is attached herewith as Annexure P-2.

4. That in view of the compromise the respondent

No. 2 to 5 will not support the prosecution case in the above

noted FIR and moreover, it was agreed that respondent no. 2

to 5 will be bound to make statement before the concerned

Court, if the quashing petition is filed.

5. That it has been settled by our own Hon’ble High

Court, in a judgment laid down by Hon’ble Full Bench in

Kulwinder’s case that FIR can be quashed if the parties are

living peacefully after the settlement of dispute. The identity

proofs of respondent No. 2 to 5 are not readily available with

the petitioners, the same will be produced at the time of

arguments.

6. That all the accused mentioned in the above FIR

have been arrayed as petitioners and the petitioners have

not been declared proclaimed offender and all the necessary

 4

parties have been impleaded. No one has left whose rights

will be prejudiced after quashing of above FIR.

7. That the petitioners have not filed such or similar

petition before this Hon’ble court or Hon’ble Supreme court

of India.

It is, therefore, respectfully prayed that the present

petition may kindly be allowed and FIR No. 73 dated

04.06.2020, under Section 148, 149, 323, 324, 506 IPC

(Section 326 IPC added later on), registered at PS Panjokhra,

District Ambala (Annexure P-1), may kindly be quashed on

the basis of compromise dated 31.07.2020 (Annexure P-2)

and all the subsequent proceedings arising therefrom, in the

interest of justice.

It is therefore, respectfully prayed that the

petitioners may kindly be exempted from filing the certified

copies of Annexures and original power of attorney, in the

interest of justice.

Note: Affidavit is attached.

Place: Chandigarh (Narinder S. Lucky)

Dated: 18.08.2020 Advocate (P-1317/2003)
Counsel for the Petitioner
 5

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRM -M_________ of 2020

Sukhwinder Singh and Others

…….Petitioners
Versus

State of Haryana and Others

…….Respondents

Affidavit of Sukhwinder Singh,

aged about 23 years son of Sh.

Nirmal Singh, resident of Village

Patwi, Tehsil and District Ambala.

I, the above named deponent do hereby solemnly

affirm and declare as under:

1. That the deponent is filing accompanying petition

before this Hon’ble High Court and the same is

likely to be succeed on the strength of grounds

mentioned therein.

2. That the contents of the petition has been read

over to the deponent, which are true and correct

to the knowledge of the deponent and no part of it

is false and noting has been concealed therein.

 6

3. That no such or similar petition has earlier been

filed by the petitioner either in this Hon’ble court

or in the Hon’ble Supreme Court of India.

CHANDIGARH
DATED: 18.08.2020 DEPONENT

VERIFICATION :

Verified that the contents of my above affidavit are true

and correct to the best of my knowledge and no part of it is

false and nothing has been concealed therein.

CHANDIGARH
DATED: 18.08.2020 DEPONENT
 7

ANNEXURE P-1

FIRST INFORMATION REPORT

(Under Section 154 Cr.P.C.)

1. District: AMBALA P.S: PANJOKHRA

FIR No. 0073 Date: 04.06.2020

2.
Sr. Acts Sections
No.

1. IPC 1860 148, 149, 323, 324, 506

F.I.R Contents (attach separate sheet, if required):

Copy of complaint is as follows. Police Post Patwi, PS

Panjokhra, Copy Rapat No. 16 dated 02.06.2020,

16/Gurudwara Prabandhak Committee and Parwinder

Singh, Jagtar Singh, Village Patwi with complaint and

MLR/02/06/2020 at 12.10 PM. It is recorded that at this

time Gurudwara Prabandhak Committee, Patwi and

Parwinder Singh, Jagtar Singh, residents of Village Patwi

came present to Police Post and submitted complaint and

MLR. The complaint is like that, To, Police Post Inchage,

Patwi, Ambala. Sir, it is submitted that at Gurudwara Singh

Sabha, Patwi work is going in the Gurudwara Sahib

regarding minor maintenance like constructing of path,

langar and gate by the Gurudwara Prabandhak Committee

and inhabitants of the village. That few persons like Avtar

Singh, Baldev Singh and Nirmal Singh son of Pritam Singh,

 8

Gurdeep, Manjit, Sukhwinder @ Sukhi came and

demolished the boundary wall of Gurudwara Sahib and

attacked all the committee members and voluntaries with

sticks and sharp edge weapons. Due to which voluntaries

suffered many injuries. With great difficulty, we have again

constructed the wall with the help of inhabitants of the

village. They have threatened to demolish the wall again. If

anybody stops them, then they will kill him. Due to these

anti-social elements, communal riots can take place in the

village. Strict legal action may kindly be taken against them.

Sd/- Gurcharan Singh, Parwinder Singh, Shamsher Singh,

Jagtar Singh, Gurwinder Singh.

True Translated Copy

Advocate
 9

ANNEXURE P-2

COMPROMISE

Today i.e. 31.07.2020, this compromise was written

between the parties:-

1. Sh. Jagtar Singh S/o Sh. Maya Ram

2. Neeraj Singh S/o Sh. Jagtar Singh

3. Harjinder Singh S/o Sh. Om Parkash

4. Guwinder Singh S/o Sh. Narang Singh

All residents of Village Patwi, Tehsil and District

Ambala.

..... First Party

And

1. Sukhwinder Singh S/o Sh. Nirmal Singh

2. Manjit Singh S/o Avtar Singh

3. Baldev Singh

4. Nirmal Singh

5. Avtar Singh sons of Pritam Singh

6. Gurdeep Singh S/o Sh. Baldev Singh

All residents of Village Patwi, Tehsil and District

Ambala.

...... Second Party

and the same is as follows:-

 10

1. That on 02.06.2020, dispute has taken place between

first party and second party and in the dispute, both

the parties have suffered injuries.

2. That thereafter, first party has lodged case FIR No. 73

dated 04.06.2020, under Section 148, 149, 323, 324,

326, 506 IPC at PS Panjokhra against the second party

and the same is pending in the Court of Sh. Vinod

Kumar, JMIC, Ambala.

3. That now relatives and respectable persons of first

party and second party, got compromise between both

the parties. In view of the compromise, the above

mentioned case will be withdrawn by first party, which

was lodged against second party and will be bound to

make statement for the cancellation of the case before

concerned Court.

4. That now there is no grudge between both the parties.

5. That in future, both the parties will not file any case

against each other regarding above case before any

Court.

Therefore, this compromise has been reduced into

writing by both the parties with their own sweet will in good

state of mind and signed the same in the presence of

witnesses without any pressure after admitting it correct.

 11

Nothing is wrong and concealed therein. Place: Ambala,

Dated 31.07.2020.

Sd/- (In Eng.) Sd/- (In Hindi)

1. Sukhwinder Singh S/o 1. Sh. Jagtar Singh S/o Sh.
Sh. Nirmal Singh Maya Ram
Sd/- (In Eng.) Sd/- (in Eng.)
2. Manjit Singh S/o Avtar 2. Neeraj Singh S/o Sh.
Singh Jagtar Singh
Sd/- (In Hindi) Sd/- (in Eng.)
3. Baldev Singh 3. Harjinder Singh S/o Sh.
Om Parkash
Sd/- (In Hindi)
4. Nirmal Singh Sd/- (in Hindi)
4. Gurwinder Singh S/o Sh.
Sd/- (In Eng.) Narang Singh
5. Avtar Singh S/o Sh.
Baldev Singh All are residents of
Village Patwi, Tehsil and
6. Gurdeep Singh S/o Sh. District Ambala
Baldev Singh
Sd/- (in Hindi)
7. Smt. Kamlesh Kaur
W/o Sh. Baldev Singh
All are residents of
Village Patwi, Tehsil and
District Ambala
(Second Party) (First Party)

Sd/- (in Punjabi) Sd/- (in Eng.)

1. Gurwinder Singh S/o 1. Shamsher Singh S/o Sh.
Sh. Bhajan Singh Nasib Singh
Sd/- (in Eng.) Sd/- (in Eng.)
2. Gursangat Singh S/o 2. Gurcharan Singh S/o Sh.
Sh. Raghubir Singh Amarjit Singh, R/o
Village Patwi, Tehsil and
District Ambala.
(Witnesses) (Witnesses)

Attested by Notary (with seal)

Dated 31.07.2020