Madan Lal vs State Of Haryana And Another

Punjab-Haryana High Court

Madan Lal vs State Of Haryana And Another on 1 May, 2024

                                       Neutral Citation No:=2024:PHHC:064258
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CRM-M No.10445 of 2022 (O&M)                   2024:PHHC:064258

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

288
                                        CRM-M No.10445 of 2022 (O&M)
                                        Date of Decision: 01.05.2024


MADAN LAL                                      ......Petitioner(s)

             Vs

STATE OF HARYANA AND ANOTHER ...Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:     Mr. Jasdeep Singh, Advocate
             for the petitioner.

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

             None 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.435 dated 24.10.2021 (Annexure P-1) registered under Sections 406, 419, 420, 467, 468, 471 IPC at Police Station Ambala City, Ambala, Haryana along with all consequential proceedings arising therefrom on the basis of compromise.

2. Notice of motion was issued on 10.03.2022 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 10.03.2022 passed by this Court, a report dated 21.05.2022 has been received from the concerned court, stating that compromise effected between the parties is genuine, voluntary and 1 of 3 ::: Downloaded on - 08-05-2024 20:40:27 ::: Neutral Citation No:=2024:PHHC:064258 2 CRM-M No.10445 of 2022 (O&M) 2024:PHHC:064258 without any coercion or undue influence. No accused has been declared as proclaimed offender

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); 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. Moreover, learned counsel for the petitioner on instructions from his client, submit that he volunteers to serve public cause by providing three stretchers with wheels to Civil Hospital, Ambala City, Haryana.

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, the FIR No.435 dated 24.10.2021 (Annexure P-1) 2 of 3 ::: Downloaded on - 08-05-2024 20:40:27 ::: Neutral Citation No:=2024:PHHC:064258 3 CRM-M No.10445 of 2022 (O&M) 2024:PHHC:064258 registered under Sections 406, 419, 420, 467, 468, 471 IPC at Police Station Ambala City, Ambala, Haryana as well as all the subsequent proceedings arising therefrom are hereby quashed qua the petitioner.

8. Accordingly, petition stands allowed, however, subject to providing three stretchers with wheels to the Civil Hospital, Ambala City, Haryana, 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 sent to the office Advocate General, Haryana at the earliest for maintaining records in this regard.

                                               (HARKESH MANUJA)
May 01, 2024                                       JUDGE
Atik
             Whether speaking/reasoned         Yes/No
             Whether reportable                Yes/No




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