Punjab-Haryana High Court
Jagtar Singh And Ors vs State Of Punjab And Others on 12 December, 2023
Neutral Citation No:=2023:PHHC:158932
2023:PHHC:158932
270
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-49705-2022
Date of Decision:-12.12.2023
Jagtar Singh and others ...Petitioners
vs.
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Nitin Narula, Advocate,
for the petitioners.
Mr. G.S. Dhillon, AAG, Punjab.
Mr. Sandeep Sharma, Advocate
for respondents No.2 to 4.
****
HARKESH MANUJA, J.
1. By way of present petition under Section 482 Cr.P.C., the petitioners pray for quashing of FIR No.223, dated 29.10.2014, under Sections 323, 324, 148 and 149 IPC, registered at Police Station Ajnala, District Amritsar Rural (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of affidavits dated 03.09.2022 and 17.09.2022 (Annexure P-2 to P-4).
2. As per allegations levelled in the FIR, petitioners inflicted injuries to respondents No.2 to 4 with their respective weapons.
3. In pursuance of order dated 20.09.2023 passed by this Court, whereby parties were directed to appear before the Trial Court for getting 1 of 3 ::: Downloaded on - 14-12-2023 03:11:34 ::: Neutral Citation No:=2023:PHHC:158932 2023:PHHC:158932 CRM-M-49705-2022 --2- their statements recorded as regards the veracity of compromise arrived at between them, a report dated 21.10.2023 has been received from the concerned court, stating that the settlement is genuine and is arrived at without any coercion or undue influence. No accused has been declared as proclaimed offender.
4. Once, the compromise has been arrived at between the parties without any pressure and respondents No.2 to 4 having no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioners; there does not appear to be any impediment as regards quashing of present FIR qua the petitioners. Even otherwise, in order to maintain peace and harmony between the parties, particularly under the circumstances wherein the alleged offences have no societal interest involved, it would be appropriate to render complete quietus to the aforementioned dispute by quashing the FIR on the basis of compromise entered into between the parties.
5. The parties having settled their dispute so as to live in peace in furture, no useful purpose would be served by proceeding further with the criminal proceedings. In the light of above developments, no cause remains for the Trial Court to invest further time and effort in adjudicating this FIR. The compromise in question is even found to be fully in consonance with the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543.
6. Thus, in view of the aforesaid facts, accompanied by statements of both the parties as well as keeping in mind the law laid down in the 2 of 3 ::: Downloaded on - 14-12-2023 03:11:34 ::: Neutral Citation No:=2023:PHHC:158932 2023:PHHC:158932 CRM-M-49705-2022 --3- aforementioned judgments, FIR No.223, dated 29.10.2014, under Sections 323, 324, 148 and 149 IPC, registered at Police Station Ajnala, District Amritsar Rural as well as all subsequent proceedings arising therefrom are hereby quashed qua the petitioners.
7. Accordingly, petition stands allowed subject to payment of costs of Rs.10,000/- to be deposited by the petitioners with the Punjab and Haryana High Court Association Lawyer's Family Welfare Fund having Account No.41564846387 with State Bank of India, High Court Branch, Chandigarh, within a period of two weeks from today.
12.12.2023 (HARKESH MANUJA)
geeta JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:158932
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