Akshit vs Union Of Territory Of Chandigarh And ...

Punjab-Haryana High Court

Akshit vs Union Of Territory Of Chandigarh And ... on 7 May, 2024

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                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH
                                                                      CRM-M-59332-2023
                                                                                    2023
                                                          Date of Decision: May 07, 2024

            AKSHIT                                                       ........Petitioner
                                  Versus
            UNION OF TERRITORY OF CHANDIGARH AND OTHERS
                                                  ........Respondents

            CORAM:             HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:Mr. Akash Kundu, Advocate for the petitioner.
                    Mr. Sidakmeet Sandhu, APP for UT Chandigarh.
                    Mr. Sushil Sheoran, Advocate for respondents No.2 and 3.
                                         ****
            HARKESH MANUJA,
                    MANUJA J. (ORAL)

By way of this petition filed under Section 482 Cr.P.C. the petitioner prays pray for quashing of case bearing FIR No.0045 0045 dated 18.03.2022 registered under Sections 279 and 337 of IPC as well as Section 185 of The Motor Vehicle Act, 1988 at P.S. South Sector 34, Chandigarh along with all consequential proceedings arising out of the same on the basis of compromise dated 18.11.2023 18.11.2023.

2. As per allegations levelled in the FIR, the petitioner having consumed alcohol hit the motorcycle of respondents No.2 and 3 with his car due to which they suffered injuries.

3. This Court while issuing vide order dated 12.03.2024 directed the parties to appear before trial Court for getting their statements recorded as regards the veracity of the compromise arrived at between them.

4. In pursuance to the order dated 12.03.2024, a report dated 27.03.2024 has been received received from the concerned Court, stating that the compromise in the present case is genuine and voluntary. TEJWINDER SINGH 2024.05.09 09:48 I attest to the accuracy and integrity of this document CRM-M-59332-2023 -2-

5. Learned counsel for the petitioner submits that once, a compromise has been arrived at between the parties without any pressure and respondents No.2 and 3 have no objection as regards quashing of FIR as well as all other subsequent proceedings arising out of the same against the petitioner; the dispute purely personal in nature, there does not appear to be any impediment as regards quashing of present FIR. He also submits that even, 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.

6. On the other hand, learned State counsel submits that allegations in the present FIR are of serious nature and he opposes the prayer made in the petition.

7. I have heard learned counsel for the parties and gone through the records including the report dated 27.03.2024. 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 directions issued by this 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". TEJWINDER SINGH 2024.05.09 09:48 I attest to the accuracy and integrity of this document CRM-M-59332-2023 -3-

8. Thus, in view of the aforesaid report, 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 FIR No. 0045 dated 18.03.2022 registered under Sections 279 and 337 of IPC as well as Section 185 of The Motor Vehicle Act, 1988 at P.S. South Sector 34, Chandigarh along with all consequential proceeding arising therefrom, are hereby quashed.

9. However, the aforesaid order shall be subject to payment of costs of Rs.10,000/- by the petitioner which is to be deposited with Nishkam Sewa Group, run by Punjab and Haryana High court Lawyers at Chandigarh within a period of two weeks.

            07.05.2024                                        (HARKESH MANUJA)
            Tejwinder                                              JUDGE
                                    Whether speaking/reasoned   Yes/No
                                       Whether Reportable       Yes/No




TEJWINDER SINGH
2024.05.09 09:48
I attest to the accuracy and
integrity of this document