Punjab-Haryana High Court
Shamsher Singh Alias Nakli vs State Of Haryana And Others on 13 March, 2024
Neutral Citation No:=2024:PHHC:036034
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CRM-M No.1104 of 2024 (O&M) 2024:PHHC:036034
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
271
CRM-M No.1104 of 2024 (O&M)
Date of Decision: 13.03.2024
SHAMSHER SINGH ALIAS NAKLI ......Petitioner
Vs
STATE OF HARYANA AND OTHERS ....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Veena Hooda, Advocate
for the petitioner.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Ms. Shivani Jahglan, Advocate for
Ms.Bijuli Sinha, Advocate
for respondent Nos.2 & 3.
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HARKESH MANUJA, J. (Oral)
[1]. By way of present petition under Section 482 Cr.P.C., prayer has been made for quashing of FIR No.714 dated 05.11.2016 registered under Sections 323, 341 and 506 IPC at Police Station Assandh, District Karnal (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of compromise. [2]. The FIR in question was registered on the basis of complaint made by respondent No.3-Vikram against three accused including the present petitioner with the allegations of assault on the person of complainant. Accused Bhag Singh son of Mala Ram had died.
[4]. In pursuance to order dated 10.01.2024 passed by this Court, whereby the parties were directed to appear before the Illaqa Magistrate/Trial Court for getting their statements recorded as regards the veracity of compromise arrived at between them, a report dated 01.02.2024 has been received from the concerned 1 of 3 ::: Downloaded on - 15-03-2024 04:40:01 ::: Neutral Citation No:=2024:PHHC:036034 2 CRM-M No.1104 of 2024 (O&M) 2024:PHHC:036034 court, stating that the compromise is genuine, voluntary and without any coercion or undue influence. The petitioner-accused has not been declared as proclaimed offender.
[5]. Once, the compromise has been arrived at between the parties without any pressure and respondent Nos.2 & 3 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 complete quietus to the aforementioned dispute by quashing the FIR on the basis of compromise entered into between the parties. [6]. 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 the case(s) of 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. [7]. Further, learned counsel for the petitioner, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in the case of Jayrajsingh Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R. (Criminal) 589 and this Court in the case(s) of Joginder Singh & another Vs. State of Punjab 2 of 3 ::: Downloaded on - 15-03-2024 04:40:02 ::: Neutral Citation No:=2024:PHHC:036034 3 CRM-M No.1104 of 2024 (O&M) 2024:PHHC:036034 and another, passed in CRM-M No.23739 of 2010 decided on 27.04.2011, Rajinder Singh Vs. State of Punjab & another, passed in CRM-M No.37395 of 2016 decided on 16.05.2017 and Vimal Kalra & others Vs. State of Punjab & another, passed in CRM-M No.20355 of 2022, decided on 25.07.2022 submits that partial quashing of the FIR is possible on the basis of a compromise. [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 FIR No.714 dated 05.11.2016 registered under Sections 323, 341 and 506 IPC at Police Station Assandh, District Karnal as well as all the subsequent proceedings arising therefrom are hereby quashed qua the petitioner.
[9]. Accordingly, petition stands allowed, however, subject to payment of cost(s) of Rs.5,000/- to be deposited in the Poor Patients Welfare Fund of the PGIMER, Chandigarh, within a period of two weeks from today.
(HARKESH MANUJA)
March 13, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:036034
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