Punjab-Haryana High Court
Gulshan Kumar vs State Of Haryana And Another on 12 April, 2023
279 2023:PHHC:050496
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-12721-2023
Date of Decision: April 12, 2023
GULSHAN KUMAR ........ Petitioner
Versus
STATE OF HARYANA AND ANOTHER ........ Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Parminder Singh, Advocate for petitioner.
Mr. Ramesh Kumar Ambavta, A.A.G., Haryana.
Ms. Anita Devi, Advocate for respondent No.2.
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HARKESH MANUJA, J. (ORAL)
By way of present petition under Section 482 Cr.P.C. the
petitioner pray for quashing FIR No.0202, dated 21.05.2022 under
Sections 406, 420 and 506 IPC registered at Police Station Butana,
District Karnal (P-1) along with all consequential proceedings arising
out of the same on the basis of compromise dated 30.01.2023 (P-2).
2. As per allegations levelled in the FIR, the petitioner duped
respondent No.2 on the pretext of sending him abroad.
3. In pursuance to an order dated 15.03.2023 passed by this
Court whereby, the parties were directed to appear before trial Court for
getting their statements recorded as regards the veracity of the
compromise arrived at between them, a report dated 31.03.2023 has been
received from the concerned Court, stating that the compromise in the
present case is voluntary and without any pressure. There is no other
accused except the present petitioner. The accused has never been
declared as proclaimed offender.
TEJWINDER SINGH
2023.04.13 15:38
I attest to the accuracy and
integrity of this document
2023:PHHC:050496
4. Learned counsel for the petitioner submits that once, a
compromise has been arrived at between the parties without any
pressure and respondent No.2 has no objection as regard 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.
5 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.
6. I have heard learned counsel for the parties and gone
through the records including the report dated 31.03.2023. 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.
TEJWINDER SINGH
2023.04.13 15:38
I attest to the accuracy and
integrity of this document
2023:PHHC:050496
State of Punjab & Anr., 2012(4) RCR (Crl.) 543".
7. 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.0202, dated 21.05.2022 under Sections 406, 420 and 506 IPC along
with all consequential proceedings arising therefrom, are hereby
quashed.
8. The aforesaid order shall however be subject to payment of
Costs of Rs.10,000/- to be deposited with the Punjab and Haryana High
Court Association Lawyer's Family Welfare Fund having account
No. 41564846387 with State Bank of India, High Court Branch,
Chandigarh, within a period of two weeks from today.
12.04.2023 ( HARKESH MANUJA )
tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
TEJWINDER SINGH
2023.04.13 15:38
I attest to the accuracy and
integrity of this document
