Kamaljit Singh vs State Of Punjab And Another

Punjab-Haryana High Court

Kamaljit Singh vs State Of Punjab And Another on 8 May, 2024

                                       Neutral Citation No:=2024:PHHC:064187
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CRM-M No.17611 of 2024 (O&M)

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

287
                                         CRM-M M No.17611 of 2024 (O&M)
                                         Date of Decision: 08.05.2024

KAMALJIT SINGH                                 ......
                                               ......Petitioner
         Vs
STATE OF PUNJAB AND ANOTHER                    ....Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
                                   MANUJA

Present:     Mr. Hitesh Chopra,
                        Chopra Advocate for the petitioner.

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

        Mr. Kanav Gupta, Advocate forr respondent No.2.
             ****
HARKESH MANUJA, J. (Oral)

[1]. By way of present petition under Section 482 Cr.P.C., prayer has been made for quashing of FIR No.0026 dated 11.03.2023 registered under Sections 307, 336, 387, 427 IPC and Sections 25/54/59 of Arms Act at P.S. Sadar Gurdaspur, Tehsil and District Pathankot (Annexure P P-1) along with all other subsequent proceedings arising therefrom on the basis of compromise dated 30.03.2024 (Annexure P-2).

P [2]. The FIR in question was registered on the basis of complaint made by respondent No.2 with regard to alleged incident of firing outside her house. Ass per FIR, there are total five accused persons including the present petitioner. [4]. In pursuance to order dated 09.04.2024 passed by this Court, whereby the parties were directed to appear before the Illaqa Magistrate/Trial Trial Court for getting their statements recorded as regards the veracity of compromise arrived at between them, a report dated 25.04.2024 has been received from the concerned court, stating that the compromise is genuine, voluntary and without any coercion coercio 1 of 3 ::: Downloaded on - 10-05-2024 02:51:20 ::: Neutral Citation No:=2024:PHHC:064187 2 CRM-M No.17611 of 2024 (O&M) or undue influence. The petitioner-accused petitioner has not been declared as proclaimed offender. Moreover, there is no fire arm injury in the present case and the petitioner is not involved in any other case. [5]. 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; there does not appear to be any impediment as regards quashing of present FIR qua the 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 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]. The parties having settled their dispute so as to live in peace in future, 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 the case(s) case of 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.

[7]. Further, learned counsel counsel for the petitioner petitioner,, while placing reliance upon the judgments passed by the Hon'ble Supreme Court iin the case of Jayrajsingh Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R. (Criminal) 589 and this Court in the case(s) of Joginder Singh & another Vs. State of Punjab 2 of 3 ::: Downloaded on - 10-05-2024 02:51:21 ::: Neutral Citation No:=2024:PHHC:064187 3 CRM-M No.17611 of 2024 (O&M) and another, passed in CRM-M M No.23739 of 2010 decided on 27.04.2011, 27.04.2011 Rajinder Singh Vs. State of Punjab & another another, passed in CRM-M M No.37395 of 2016 decided on 16.05.2017 and Vimal Kalra & others Vs. State of Punjab & another, passed in CRM-M No.20355 of 2022, decided on 25.07.2022 submits that partial quashing of the FIR is possible on the basis of a compromise. [8]. Moreover, learned counsel for the petitioner on instructions from his client, submit that he volunteer to serve public cause by providing one Cardiac Monitor to the Civil Hospital, Gurdaspur, Punjab Punjab.

[9]. 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 entioned judgments, the FIR No.0026 dated 11.03.2023 registered under Sections 307, 336, 387, 427 IPC and Sections 25/54/59 of Arms Act at P.S. Sadar Gurdaspur, Tehsil and District Pathankot as well as all the subsequent proceedings arising therefrom are hereby h quashed qua the petitioner.

[10]. Accordingly, petition stands allowed allowed, however, subject to providing one Cardiac Monitor to the Civil Hospital, Gurdaspur Gurdaspur, Punjab 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.

concerned. A copy of the receipt shall also sent to the office Advocate General, General Punjab at the earliest for maintaining records in this regard.

                                               (HARKESH MANUJA)
May 08, 2024                                       JUDGE
Atik
             Whether speaking/reasoned         Yes/No
             Whether reportable                Yes/No




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