Upkar Singh And Another vs State Of Punjab And Another

Punjab-Haryana High Court

Upkar Singh And Another vs State Of Punjab And Another on 3 May, 2024

                                           Neutral Citation No:=2024:PHHC:061596


     CRM-M
         M No.3064 of 2024 (O&M)      1

               IN THE HIGH COURT OF PUNJAB AND HARYANA
                            AT CHANDIGARH

243
                                             CRM-M M No.3064 of 2024 (O&M)
                                             Date of Decision: 03.05.2024


UPKAR SINGH AND ANOTHER                            ......
                                                   ......Petitioner(s)

                Vs

STATE OF PUNJAB AND ANOTHER                        ...Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:        Mr. Rajeev Gupta, Advocate
                for the petitioners.
                        petitioner

                Mr. Siddharth Sandhu, Asstt. A.G., Punjab.

                Mr. Devinder K. Rajwal, 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.255 255 dated 09.12.2017 registered under Sections 406, 420, 120-B, B, 506 IPC at Police Station Phase I, SAS Nagar (Mohali), Punjab along with all consequential proceedings arising therefrom on the basis of compromise.

compromise

2. This Court, while issuing notice of motion vide order dated 20.01.2024, .01.2024, directed both the parties 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 20.01.2024, a report dated 28.02.2024 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 offender 1 of 3 ::: Downloaded on - 08-05-2024 22:09:34 ::: Neutral Citation No:=2024:PHHC:061596 CRM-M M No.3064 of 2024 (O&M) 2

4. Thus once, the compromise has been arrived at between the parties without out any pressure and respondent No.2 having no objection as rregards egards 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).

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.

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, deve ents, no cause remains for 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 Punj Punjab ab 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 petitioners on instructions from his client, submit that they volunteer to serve public cause by providing Blue Bed Sheets ets worth Rs.30,000/-

Rs.30,000/ to the Civil Hospital, SAS Nagar (Mohali) (Mohali), Punjab.

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.255 dated 09.12.2017 registered under Sections 406, 420, 120-B, 120 B, 506 IPC at Police Station Phase I, SAS Nagar (Mohali), 2 of 3 ::: Downloaded on - 08-05-2024 22:09:35 ::: Neutral Citation No:=2024:PHHC:061596 CRM-M M No.3064 of 2024 (O&M) 3 Punjab ass well as all the subsequent proceedings arising therefrom are hereby quashed qua the petitioners.

petitioner

8. Accordingly, petition petition stands allowed allowed, however, subject to providing Blue Bed Sheets worth Rs.30,000/-

Rs.30,000/ to the Civil Hospital, SAS Nagar (Mohali), Punjab, within a period of two weeks from the date of receipt of certified copy of this order as volunteered by the petitioners 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, Punjanb at the earliest ffor or maintaining records in this regard.

                                                   (HARKESH MANUJA)
May 03, 2024                                           JUDGE
Atik
                Whether speaking/reasoned          Yes/No
                Whether reportable                 Yes/No




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