Punjab-Haryana High Court
Kuldeep Singh And Others vs State Of Punjab And Another on 4 April, 2024
Neutral Citation No:=2024:PHHC:046108
2024:PHHC:046108
CRM-M-46457-2023 --1--
288 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-46457-2023
DATE OF DECISION:-04.04.2024
Kuldeep Singh and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Tanvir Singh Grewal, Advocate,
for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Sukhpreet Singh Kang, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the petitioners pray for quashing of FIR No.72 dated 23.05.2023, registered under Sections 447, 511, 379, 506 and 120-B IPC, at Police Station Sadar Sangrur, District Sangrur, Punjab (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of compromise deed dated 04.09.2023 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners tried to till the land and boundary lines belonging to the complainant and also tried to take forcible possession thereof, besides, it they also threatened to kill him.
3. In pursuance of orders dated 15.09.2023 and 05.12.2023 passed by this Court, whereby parties were directed to appear before the Trial 1 of 3 ::: Downloaded on - 08-04-2024 23:45:17 ::: Neutral Citation No:=2024:PHHC:046108 2024:PHHC:046108 CRM-M-46457-2023 --2--
Court for getting their statements recorded as regards the veracity of compromise arrived at between them, report dated 01.04.2024 has been received from the concerned Court, stating that the compromise effected between complainant-Hardeep Singh and accused-Kuldeep Singh, Tewinder Singh and Yadwinder Singh, is genuine, the same has been effected voluntarily without any pressure, coercion or undue influence from any quarter. No accused has been declared as proclaimed person.
4. 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 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 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.
6. Thus, in view of the aforesaid facts, accompanied by statements 2 of 3 ::: Downloaded on - 08-04-2024 23:45:18 ::: Neutral Citation No:=2024:PHHC:046108 2024:PHHC:046108 CRM-M-46457-2023 --3--
of both the parties as well as keeping in mind the law laid down in the aforementioned judgments, FIR No.72 dated 23.05.2023, registered under Sections 447, 511, 379, 506 and 120-B IPC, at Police Station Sadar Sangrur, District Sangrur, Punjab 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.15,000/- to be deposited by the petitioners with the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of two weeks from the date of receipt of certified copy of this order.
04.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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