Swaran Dass And Others vs State Of Punjab And Others

Punjab-Haryana High Court

Swaran Dass And Others vs State Of Punjab And Others on 8 May, 2024

                                       Neutral Citation No:=2024:PHHC:064599
                                                                                   1

CRM-M
    M Nos.8331 & 8443 of 2024 (O&M)




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

292

1.                                       CRM-M M No.
                                                  No.8331 of 2024 (O&M)
                                         Date of Decision: 08.05.2024


SWARAN DASS AND OTHERS                                       ......Petitioner(s)
             Vs
STATE OF PUNJAB AND OTHERS                                   ...Respondents


2.                                       CRM-M
                                             M No.
                                               No.8443 of 2024 (O&M)

PARKASH SINGH @ PARGASH RAM @ KALA & ORS
                                     .......Petitioner(s)
             Vs
STATE OF PUNJAB AND OTHERS           ...Respondents


CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
                                   MANUJA

Present:     Mr. L.S. Mann, Advocate
             for the petitioners
                     petitioner in CRM-M-8331
                                           8331 of 2024 and
             for respondent Nos.2 to 4 in CRM-M
                                          CRM M-8443-2024.

             Mr. Hardeep Singh, Advocate
             for the petitioners
                     petitioner in CRM-M-8443
                                           8443 of 2024 and
             for respondent Nos.2 to 4 in CRM-M
                                          CRM M-8331-2024.

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

                    ****

HARKESH MANUJA, J. (Oral)

1. Vide this common order, CRM-M CRM M Nos.8331 and 8443 of 2024 are being decided as common cause of action is involved in both the petitions.

2. In both the petitions, filed under Section 482 Cr.P.C., prayer is made for quashing of FIR No.272 dated 15.11.2015 under Sections 323, 324, 326, 452, 148, 149 IPC and cross-case dated 15.11.2015 got registered in the said FIR under 1 of 4 ::: Downloaded on - 11-05-2024 08:34:25 ::: Neutral Citation No:=2024:PHHC:064599 2 CRM-M M Nos.8331 & 8443 of 2024 (O&M) Sections 323, 324, 326, 452, 148, 149 IPC at Police Station Shahkot, District Jalandhar along with all consequential proceedings arising therefrom on the basis of compromise.

2. The FIR and cross-case cross case in question were registered on the basis of complaints made by both the parties against each other. All the accused and victims have been arrayed as a party except Arun Dass, Jinder, Parkash, who have unfortunately expired and one Deepa @ Dholu.

3. This Court, while issuing notice of motion vide order dated 28.02.2024, .2024, directed both the parties to appear before the Trial Court/Illaqa Magistrate for recording their statements with regard to the validity of compromise.

4. In pursuance of the aforesaid order dated 28.02.2024, separate reports report dated 06.05.2024 have 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

5. Thus once, the compromise has been arrived at between the parties without out any pressure and private respondentss having no objection as regards quashing of FIR and cross-case as well as all other subsequent proceedings arising out of the same against the petitioner(s);

petitioner ; there does not appear to be any impediment as regards quashing of present FIR and cross-case 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 2 of 4 ::: Downloaded on - 11-05-2024 08:34:26 ::: Neutral Citation No:=2024:PHHC:064599 3 CRM-M M Nos.8331 & 8443 of 2024 (O&M) have no societal interest involved, it would be appropriate to render complete quietus to the aforementioned aforementioned dispute by quashing the FIR and cross-case 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, no useful purpose would be served by proceeding further with the ccriminal riminal proceedings. In the light of above developments, developments, no cause remains for the Trial T Court to invest further time and effort in adjudicating this FIR and cross-case.. The compromise in question is even found to be fully in consonance with the direction issued ssued by the Court in Kulwinder lwinder 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 for the petitioner petitioners,, while placing reliance upon the judgments passed by the Hon'ble Supreme Court iin n 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. another passed in CRM State of Punjab and another, CRM-M No.23739 of 2010 decided on 27.04.2011, Rajinder Singh Vs. State of Punjab & another another, passed in CRM-M CRM No.37395 of 2016 decided on 16.05.2017 and Vimal Kalra & others Vs. State of another passed in CRM-M Punjab & another, 2022, decided on 25.07.2022 M No.20355 of 2022 submits mits that partial quashing of the FIR and cross cross-case is possible on the basis of a compromise.

8. Moreover, learned counsel for the petitioner petitioners in both the cases on instructions from their client, submit that they volunteer to serve public cause by 3 of 4 ::: Downloaded on - 11-05-2024 08:34:26 ::: Neutral Citation No:=2024:PHHC:064599 4 CRM-M M Nos.8331 & 8443 of 2024 (O&M) providing one Defibrillator worth Rs.1,00,000/ Rs.1,00,000/- to the Civil Hospital, Nakodar, Nakodar District Jalandhar, Punjab.

Punjab

9. 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 ntioned judgments, the FIR No.272 dated 15.11.2015 under Sections 323, 324, 326, 452, 148, 149 IPC and cross-case cross case dated 15.11.2015 got registered in the said FIR under Sections 323, 324, 326, 452, 148, 149 IPC at Police Station Shahkot, District Jalandhar along with all consequential proceedings arising therefrom are hereby quashed qua the petitioners petitioners.

10. Accordingly, both the petitions stand allowed allowed, however, subject to providing one Defibrillator worth Rs.1,00,000/ Rs.1,00,000/- to the Civil Hospital, Nakodar, District trict Jalandhar, Punjab to the Civil Hospital, Ambala, Haryana within a period of two weeks from today as volunteered by the petitioner petitioners in both cases 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 General, Punjab at the earliest for fo 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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