Satpal And Others vs State Of Haryana And Others

Punjab-Haryana High Court

Satpal And Others vs State Of Haryana And Others on 10 May, 2024

                                       Neutral Citation No:=2024:PHHC:065711
                                                                                   1

CRM-M
    M No.21364 of 2023 (O&M)




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

240
                                         CRM-M M No.21364 of 2023 (O&M)
                                         Date of Decision: 10.05.2024


SATPAL AND OTHERS                                     ......Petitioner(s)

             Vs

STATE OF HARYANA AND ORS.
                                               ...Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
                                   MANUJA

Present:     Mr. R.S. Mamli, Advocate and
             Mr. B.S. Mamli, Advocate
             for the petitioners.
                     petitioner

             Mr. Gurmeet Singh, Asstt. A.G., Haryana.

             Mr. Lovepreet Singh, Advocate
             for respondent Nos.2
                            No & 3.
                    ****

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.0034 dated 21.02.2023 registered under Sections 147, 149, 323, 506 IPC (Section 307 IPC and Section 3 of SC & ST Act added later on) at Police Station Sadar Jagadhri, District Yamuna Nagar, Haryana along with all consequential proceedings arising therefrom on the basis of compromise.

compromise

2. This Court, while issuing notice of motion vide order dated 28.04.2023,, directed both the parties to appear before the Tria Triall Court/Illaqa Magistrate for recording their statements with regard to the validity of compromise.

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3. In pursuance of the aforesaid order dated 28.04.2023,, a report dated 18.05.2023 has been received from the concerned court, stating that compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. No accused has been declared as proclaimed offender offender.. Moreover, there is no fire arm injury caused caused to anyone and the parties are neighbourers.

4. Thus once, the compromise has been arrived at between the parties without out 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(s);

petitioner ; 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 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 ntered 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, developments, no cause remains fo forr the Trial T 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 lwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543.

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6. Moreover, learned counsel for the petitioner petitioners on instructions from his client, submit that they volunteer to serve public cause by providing one Water Cooler for Deptt.

Deptt of Obstetrics and Gynaecology of PGIMER, Chandigarh.

7. Thus, in view of the aforesaid facts 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.0034 dated 21.02.2023 re registered gistered under Sections 147, 149, 323, 506 IPC (Section 307 IPC and Section 3 of SC & ST Act added later on) at Police Station Sadar Jagadhri, District Yamuna Nagar, Haryana ass well as all the subsequent proceedings arising therefrom are hereby quashed qua the petitioners.

8. Accordingly, petition stands allowed allowed, however, subject to providing one Water Cooler for Deptt. of Obstetrics and Gynaecology of PGIMER, Chandigarh within a period of two weeks from today as volunteered by the petitioners against due due receipt issued by the concerned Medical Superintendent, Superintendent who shall prepare an inventory in this regard for its regular inspection by the Director concerned. A copy of the receipt shall also sent to the office Advocate General, Haryana at the earliest for maintaining records in this regard.

                                               (HARKESH MANUJA)
May 10, 2024                                       JUDGE
Atik
             Whether speaking/reasoned         Yes/No
             Whether reportable                Yes/No




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