Punjab-Haryana High Court
Dheeraj Sharma vs State Of Haryana And Another on 1 April, 2024
Neutral Citation No:=2024:PHHC:043394
Neutral Citation No. 2024:PHHC:043394
265
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 33764 of 2023 (O&M)
Date of Decision: 01.04.2024
Dheeraj Sharma
.......... Petitioner
Versus
State of Haryana and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Nipun Vashist, Advocate
for the petitioner.
Mr. Gurmeet Singh, Assistant Advocate General, Haryana
for respondent No. 1.
Ms. Anjali, Advocate for
Mr. Devender Arya, Advocate alongwith
respondent No. 2-Sanjay Kumar Sharma and his wife-Meenakshi Sharma.
****
HARKESH MANUJA, J. (ORAL)
The petitioner, by way of present petition filed under Section 482 Cr.P.C., seeks quashing of FIR No. 379 dated 16.06.2023 (Annexure P-
1) under Sections 363 & 364-A of IPC, registered at Police Station Sector-
10, District Gurugram, alongwith all consequential proceedings arising out of the same on the basis of compromise / affidavit dated 21.06.2023 (Annexure P-5).
[2] This Court, vide order dated 20.01.2024, directed the parties to appear before the Trial Court/Illaqa Magistrate for recording their statements with regard to the validity of compromise.
1 of 3 ::: Downloaded on - 03-04-2024 00:24:08 ::: Neutral Citation No:=2024:PHHC:043394 CRM-M No. 33764 of 2023 (O&M) -2- [3] In pursuance of above order dated 20.01.2024, a report dated 13.02.2024 has been received from the concerned Court, stating that compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. No accused has been declared as proclaimed offender.
[4] Learned counsel for the petitioner relies upon the judgment dated 18.07.2022 passed by this Court in CRM-M-30483-2020, titled "Ravi Kumar and others Versus State of Punjab and others", and also upon the decision dated 22.01.2016, passed by the Hon'ble Delhi High Court in Crl.M.C.-1695-2015, titled "Noor Salim Rana and Ors. Versus State (Govt. of NCT of Delh) and Anr.", wherein under similar circumstances, FIR has been quashed on the basis of compromise.
[5] On the other hand, learned counsel for respondent No. 2, also verifies / identifies the Aadhar Cards of respondent No. 2-Sanjay Kumar Sharma and his wife-Meenakshi Sharma, who are present in Court. The same are taken on record as Mark-X & Mark-Y respectively. Registry to tag / paginate the same in the paper-book accordingly. [6] Thus once, the compromise has been arrived at between the parties without any pressure and respondent No. 2 having no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioner; there does not appear to be any impediment as regards quashing of present FIR qua the petitioner. Even otherwise, in order to maintain peace and harmony between the parties, particularly under the present circumstances wherein the alleged offences have no societal interest involved, it would be appropriate to render 2 of 3 ::: Downloaded on - 03-04-2024 00:24:09 ::: Neutral Citation No:=2024:PHHC:043394 CRM-M No. 33764 of 2023 (O&M) -3- complete quietus to the aforementioned dispute by quashing the FIR on the basis of compromise entered into between the parties. [7] The parties having settled their dispute so as to live in peace in future, 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.
[8] 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 aforementioned judgments, the petition is allowed and the FIR (supra) as well as all subsequent proceedings arising therefrom are hereby quashed qua the petitioner.
[9] The aforesaid order shall, however, be subject to payment of costs of Rs. 20,000/- to be deposited by the petitioner with the Haryana Police Welfare Fund, within a period of two weeks from today.
April 01, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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