Rajesh Singh And Others vs State Of Haryana And Another

Punjab-Haryana High Court

Rajesh Singh And Others vs State Of Haryana And Another on 6 May, 2024

                                       Neutral Citation No:=2024:PHHC:062706
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CRM-M No.16470 of 2024                                2024:PHHC:062706


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

284
                                        CRM-M No.16470 of 2024
                                        Date of Decision: 06.05.2024


RAJESH SINGH AND OTHERS                        ......Petitioner(s)

             Vs

STATE OF HARYANA AND ANOTHER
                            ...Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:     Mr. Dhruv Gupta, Advocate
             for the petitioners.

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

             Mr. Prince Pushpinder Rana, 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.162 dated 27.11.2018 registered under Sections 323/325/34/506 IPC at Police Station Barara, District Ambala along with all consequential proceedings arising therefrom on the basis of compromise.

2. This Court, while issuing notice of motion vide order dated 05.04.2024, 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 05.04.2024, a report dated 22.04.2024 has been received from the concerned court, stating that compromise 1 of 3 ::: Downloaded on - 09-05-2024 00:20:10 ::: Neutral Citation No:=2024:PHHC:062706 2 CRM-M No.16470 of 2024 2024:PHHC:062706 effected between the parties is genuine, voluntary and 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 petitioners on instructions from his client, submit that they volunteer to serve public cause by providing three stretchers with wheels to the Civil Hospital, Ambala, 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.162 dated 27.11.2018 registered under 2 of 3 ::: Downloaded on - 09-05-2024 00:20:10 ::: Neutral Citation No:=2024:PHHC:062706 3 CRM-M No.16470 of 2024 2024:PHHC:062706 Sections 323/325/34/506 IPC at Police Station Barara, District Ambala as well as all the subsequent proceedings arising therefrom are hereby quashed qua the petitioners.

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

                                                (HARKESH MANUJA)
May 06, 2024                                        JUDGE
Atik
               Whether speaking/reasoned        Yes/No
               Whether reportable               Yes/No




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