Balwinder Singh @ Balvinder Singh And ... vs State Of Punjab And Another

Punjab-Haryana High Court

Balwinder Singh @ Balvinder Singh And ... vs State Of Punjab And Another on 7 May, 2024

                                Neutral Citation No:=2024:PHHC:063618




204
      IN THE HIGH COURT OF PUNJAB & HARYANA
                  AT CHANDIGARH

                                          CRM-M No. 16826 of 2024 (O&M)
                                          Date of Decision: 07.05.2024

Balwinder Singh @ Balvinder Singh and another

                                                             .......... Petitioners
                                        Versus

State of Punjab and another
                                                          .......... Respondents

CORAM:        HON'BLE MR. JUSTICE HARKESH MANUJA

Present:      Ms. Gursimran Walia, Advocate
              for the petitioners.

              Mr. Rahul Jindal, Assistant Advocate General, Punjab
              for respondent No. 1.

              Mr. Aditya Singh, Advocate for
              Mr. Kartik Khicher, Advocate,
              for respondent No. 2.

                                ****
HARKESH MANUJA, J. (ORAL)

The petitioners, by way of present petition filed under Section 482 Cr.P.C., seeks quashing of FIR No. 232 dated 30.06.2018 (Annexure P-

1) under Sections 420 / 465 / 467 / 468 / 471 of IPC, registered at Police Station Basti Jodhewal, District Ludhiana, alongwith all consequential proceedings arising out of the same on the basis of compromise dated 15.03.2024 (Annexure P-3).

[2] This Court, while issuing notice of motion vide order dated 08.04.2024, directed the parties to appear before the Trial Court/Illaqa Magistrate for recording their statements with regard to the validity of compromise.

1 of 3 ::: Downloaded on - 09-05-2024 03:35:36 ::: Neutral Citation No:=2024:PHHC:063618 CRM-M No. 16826 of 2024 (O&M) -2- [3] In pursuance of above order dated 08.04.2024, a report dated 01.05.2024 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.

[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 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 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 their clients, submits that the petitioners volunteer to serve public cause by providing the medical equipment to Civil Hospital, Ludhiana.

2 of 3 ::: Downloaded on - 09-05-2024 03:35:37 ::: Neutral Citation No:=2024:PHHC:063618 CRM-M No. 16826 of 2024 (O&M) -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, the petition is allowed and the FIR (supra) as well as all subsequent proceedings arising therefrom are hereby quashed qua the petitioner.

[8] The aforesaid order shall, however, be subject to providing equipment viz. stretcher and wheelchair etc. to the Civil Hospital, Ludhiana, amounting to Rs. 20,000/-, within a period of two weeks from the date of receipt of certified copy of this order, 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.

May 07, 2024                                           ( HARKESH MANUJA )
'dk kamra'                                                  JUDGE

             Whether Speaking/reasoned                  Yes/No

             Whether Reportable                         Yes/No




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