Gurdeep Singh And Anr vs State Of Punjab And Anr

Punjab-Haryana High Court

Gurdeep Singh And Anr vs State Of Punjab And Anr on 1 May, 2024

                                      Neutral Citation No:=2024:PHHC:060715




CRM-M-13156-2024                                                           --1--
                                                            2024:PHHC:060715

     275 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                             CHANDIGARH

                                     CRM-M-13156-2024
                                     DATE OF DECISION:-01.05.2024


Gudeep Singh and another                                        ...Petitioners..
                                              vs.

State of Punjab and others                                      ...Respondents..

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr.Narinder Singh Dadwal, Advocate,
         for the petitioners.

         Mr. Siddharth Sandhu, AAG, Punjab.

         Mr. Sandeep Rana, Advocate for
         Mr. Jagjit Singh, Advocate,
         for respondents No.2 and 3.

         ****

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.24 dated 18.02.2024, registered under Sections 452, 324, 323, 427 and 34 IPC, at Police Station Sadar Jagraon, District Ludhiana (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of compromise dated 26.02.2024 (Annexure P-2).

2. As per the allegations levelled in the FIR, the petitioners inflicted injuries to the complainant with their respective weapons, besides it, they also took gold chain from the neck of owner alongwith Rs.78,000/-.

3. In pursuance of order dated 14.03.2024 passed by this Court, whereby parties were directed to appear before the Trial Court for getting 1 of 3 ::: Downloaded on - 04-05-2024 08:23:23 ::: Neutral Citation No:=2024:PHHC:060715 CRM-M-13156-2024 --2--

their statements recorded as regards the veracity of compromise arrived at between them, report dated 03.04.2024 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 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, submit that they volunteer to serve public cause by providing one ECG Machine to Civil Hospital, Jagraon, District Ludhiana.

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                                       Neutral Citation No:=2024:PHHC:060715




CRM-M-13156-2024                                                       --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.24 dated 18.02.2024, registered under Sections 452, 324, 323, 427 and 34 IPC, at Police Station Sadar Jagraon, District 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, Jagraon, District Ludhiana, within a period of two weeks from today as volunteered by the petitioners 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.

01.05.2024                                          (HARKESH MANUJA)
sonika                                                  JUDGE
          whether speaking/reasoned: Yes/No
          whether reportable:        Yes/No




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