Punjab-Haryana High Court
Gurmeet Singh And Ors vs State Of Punjab And Another on 29 April, 2024
Neutral Citation No:=2024:PHHC:058608
CRM-M-14257-2024 --1--
2024:PHHC:058608
281 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-14257-2024
DATE OF DECISION:-29.04.2024
Gurmeet Singh and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Lokesh Vohra, Advocate,
for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Amit Mehta, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the petitioners prays for quashing of FIR No.32 dated 24.02.2022, registered under Sections 323, 324, 506, 148, 149 IPC, at Police Station Sadar Ludhiana, Police Commissionerate Ludhiana (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of settlement/agreement dated 31.01.2024 (Annexure P-2).
2. The FIR in question, is an offshoot of matrimonial discord between the daughter of petitioner No.1 and respondent No.2-complainant, who have now mutually agreed to part their ways.
3. In pursuance of order dated 19.03.2024 passed by this Court, whereby parties were directed to appear before the Trial Court for getting 1 of 3 ::: Downloaded on - 04-05-2024 06:03:43 ::: Neutral Citation No:=2024:PHHC:058608 CRM-M-14257-2024 --2--
their statements recorded as regards the veracity of compromise arrived at between them, report dated 23.04.2024 has been received from the concerned Court, stating that compromise so effected seems to be genuine and without any coercion or undue influence. 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. Moreover, learned counsel for the petitioners, on instructions from his clients, submits that they volunteer to serve public cause by providing one ECG Machine to Civil Hospital, Ludhiana.
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Neutral Citation No:=2024:PHHC:058608
CRM-M-14257-2024 --3--
7. 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, FIR No.32 dated 24.02.2022, registered under Sections 323, 324, 506, 148, 149 IPC, at Police Station Sadar Ludhiana, Police Commissionerate Ludhiana (Annexure P-1) as well as all subsequent proceedings arising therefrom are hereby quashed qua the petitioners.
8. Accordingly, petition stands allowed, however, subject to providing one ECG Machine to the Civil Hospital, Ludhiana, within a period of two weeks from today as volunteered by the petitioner against due receipt issued by the concerned Civil Surgeon, who shall prepare an inventory in this regard for its regular inspection by the Director concerned. A copy of the receipt shall also be sent to the office of Advocate General, Punjab at the earliest for maintaining records in this regard.
29.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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