Rajesh Kumar And Others vs State Of Punjab And Another
2023 Latest Caselaw 3386 P&H

                                                         Neutral Citation No:=2023:PHHC:048444




                                                            2023:PHHC:048444
CRM-M-872-2023 (O&M)                                                   --1--


     263 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                              CHANDIGARH


                               CRM-M-872-2023 (O&M)
                               DATE OF DECISION:-10.04.2023


Rajesh Kumar and others                                         ...Petitioners.

                              vs.


State of Punjab and another                                     ...Respondents..


CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Ms. Raman Rekhi, Advocate for
         Mr. Rajat Malhotra, Advocate,
         for the petitioners.

          Mr. Vinay Kumar Gupta, AAG, Punjab,
          for respondent No.1-State.

          Mr. Lovish Rattan, Advocate for respondent No.2.

          ****

HARKESH MANUJA, J.

By way of present petition filed under Section 482 Cr.P.C., the

petitioners pray for quashing of FIR No.0190 dated 15.07.2021, under

Sections 307, 324, 323, 34 IPC (Section 307 IPC deleted later on),

registered at Police Station Division No.2, District Police Commissionerate

Ludhiana (Annexure P-1) along with all consequential proceedings arising

therefrom, on the basis of compromise dated 22.12.2022 (Annexure P-2).

2. As per the allegations levelled in the FIR, the petitioners gave

injuries to the complainant with their respective weapons.

3. In pursuance to an order dated 09.01.2023 passed by this Court,

1 of 3

Neutral Citation No:=2023:PHHC:048444

2023:PHHC:048444 CRM-M-872-2023 (O&M) --2--

whereby the parties were directed to appear before the trial Court for getting

their statements recorded, a report dated 23.02.2023 has been received from

the concerned court stating that the compromise on the face of it appears to

be genuine one having been arrived at by the parties with free will without

any pressure or coercion. No accused has been declared as PO.

4. 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; the dispute being purely personal in nature,

there does not appear to be any impediment as regards quashing of present

FIR. Even otherwise, 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.

5. The parties having settled their dispute so as to live in peace in

furture, 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.

6. 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

2 of 3

Neutral Citation No:=2023:PHHC:048444

2023:PHHC:048444 CRM-M-872-2023 (O&M) --3--

aforementioned judgments, FIR No.0190 dated 15.07.2021, under Sections

307, 324, 323, 34 IPC (Section 307 IPC deleted later on), registered at

Police Station Division No.2, District Police Commissionerate Ludhiana

(Annexure P-1) as well as all the subsequent proceedings arising therefrom

are hereby quashed qua the petitioners.

7. Accordingly, petition stands allowed, subject to payment of costs

of Rs.10,000/- to be deposited by the petitioners with the Punjab and

Haryana High Court Bar Association, within a period of two weeks from

today.

10.04.2023                                          (HARKESH MANUJA)
sonika                                                  JUDGE

          whether speaking/reasoned: Yes/No
          whether reportable:        Yes/No




                                                         Neutral Citation No:=2023:PHHC:048444

                                     3 of 3