Punjab-Haryana High Court
Vikash And Others vs State Of Haryana And Another on 3 April, 2024
288 2024:PHHC:045123
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-7626-2024
Date of Decision: April 03, 2024
VIKASH AND OTHERS ........Petitioners
Versus
STATE OF HARYANA AND ANOTHER .......Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Inderjeet Singh Brar, Advocate for
Mr. J. S. Brar, Advocate for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Bhupinder Gupta, Advocate for respondent No.2.
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HARKESH MANUJA, J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the petitioners pray for quashing of case bearing FIR No.0217 dated 15.10.2020 registered under Sections 148, 149, 323, 452 and 506 of IPC & Section 25 of Arms Act, 1959 at P.S. Rajaund, District Kaithal, along with all consequential proceedings arising out of the same on the basis of compromise dated 15.01.2024.
2. As per allegations levelled in the FIR, the petitioners armed with deadly weapons entered into the house of the complainant- respondent No.2 and threatened to kill him.
3. This Court while issuing notice of motion vide order dated 13.02.2024 directed the parties to appear before trial Court for getting their statements recorded as regards the veracity of the compromise arrived at between them.
4. In pursuance to the order dated 13.02.2024, a report dated 05.03.2024 has been received from the concerned Court, stating therein that the compromise in the present case is genuine and voluntary. TEJWINDER SINGH 2024.04.05 09:03 I attest to the accuracy and integrity of this document
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CRM-M-7626-2024
5. Learned counsel for the petitioners submits that once, a compromise has been arrived at between the parties without any pressure and respondent No.2 has no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioners; the dispute purely personal in nature, there does not appear to be any impediment as regards quashing of present FIR. He also submits that even, 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.
6. On the other hand, learned State counsel submits that allegations in the present FIR are of serious nature and he opposes the prayer made in the petition.
7. I have heard learned counsel for the parties and gone through the records including the report dated 05.03.2024. 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 directions issued by this 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".
TEJWINDER SINGH 2024.04.05 09:03 I attest to the accuracy and integrity of this document
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CRM-M-7626-2024
8. Thus, in view of the aforesaid report, 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 FIR No. 0217 dated 15.10.2020 registered under Sections 148, 149, 323, 452 and 506 of IPC & Section 25 of Arms Act, 1959 at P.S. Rajaund, District Kaithal along with all consequential proceeding arising therefrom, are hereby quashed.
9. The aforesaid order shall, however, be subject to payment of Costs of Rs.20,000/- to be deposited with Poor Patients' Welfare Fund, PGIMER, Chandigarh, within a period of two weeks from today.
03.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
TEJWINDER SINGH
2024.04.05 09:03
I attest to the accuracy and
integrity of this document