Punjab-Haryana High Court
Sajan And Anr vs State Of Punjab And Another on 14 March, 2024
Neutral Citation No:=2024:PHHC:037297
CRM-M NO.32220 of 2023 1 2024:PHHC:037297
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
268 CRM-M NO.32220 of 2023
DATE OF DECISION: 14.03.2024
Sajan and another ............Petitioners
VERSUS
State of Punjab and another ..............Respondents
CORAM HON'BLE MR. JUSTICE HARKESH MANUJA
Present Mr.Sandeep Arora, Advocate,
for the petitioners.
Mr.Sidharth Sandhu, AAG, Punjab.
Mr. G.S.Rawat, Advocate, for respondent no.2.
***
HARKESH MANUJA, J (ORAL)
1. By way of present petition filed under Section 482 Cr.P.C., prayer is made for quashing of FIR No.107 dated 19.062022 under Sections 380, 454 and 411 IPC (added lateron), registered at Police Station Division No. 5 Jalandhar (Annexure - P-1) along with all consequential proceedings arising therefrom on the basis of compromise.
2. Notice of motion was issued on 26.07.2023 and both the parties were directed to appear before the Trial Court/Illaqa Magistrate for recording their statements with regard to the validity of compromise.
3. In pursuance of the aforesaid order dated 08.02.2024 passed by this Court, whereby the parties were directed to appear before the Trial Court for getting their statements recorded as regards the veracity of compromise arrived at between them, a report dated 05.03.2024 has been received from the concerned court, stating 1 of 3 ::: Downloaded on - 16-03-2024 14:38:46 ::: Neutral Citation No:=2024:PHHC:037297 CRM-M NO.32220 of 2023 2 2024:PHHC:037297 that compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. No accused has been declared as proclaimed offender. Proceedings qua accused Gursimran Singh have already dropped vide order dated 08.02.2024, passed by this Court in CRM-M-13559-2023.
4. 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(s); and also the fact that the FIR qua the co-accused Gursimran Singh has already been quashed, there does not appear to be any impediment as regards quashing of present FIR qua the petitioner(s). 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.
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 report, accompanied by statements of both the parties as well as keeping in mind the law laid down in the aforementioned judgments, the FIR No.107 dated 19.062022 under Sections 380, 454 and 411 IPC (added lateron), registered at Police Station Division No. 5 Jalandhar (Annexure -P-1) as well as all the subsequent proceedings arising therefrom are hereby quashed qua the petitioners.
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Neutral Citation No:=2024:PHHC:037297
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7. Accordingly, petition stands allowed, however subject to payment of cost(s) of Rs.5,000/- each to be deposited in the Poor Patients Welfare Fund of the PGIMER, Chandigarh, Chandigarh, within a period of two weeks from today.
14.03.2024 (HARKESH MANUJA)
mamta JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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