Punjab-Haryana High Court
Inderjit Singh Alias Major Singh ... vs State Of Punjab And Another on 13 April, 2023
Neutral Citation No:=2023:PHHC:054126
CRM-M-13048-2023 1 2023:PHHC:054126
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(276) CRM-M-13048-2023
Date of Decision: 13.04.2023
Inderjit Singh alias Major Singh and others ...Petitioners
Versus
State of Punjab and Another ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Khushika Setia, Advocate, for the petitioners.
Mr. Amit Shukla, AAG, Punjab.
Mr. Sanjay Khan, Advocate, for respondent No.2.
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HARKESH MANUJA, J.(ORAL)
By way of present petition filed under Section 482 Cr.P.C.,
petitioners pray for quashing of FIR No.81 dated 27.12.2022, registered under
Sections 324, 34 IPC at Police Station Bhaini Mian Khan, District Gurdaspur
(Annexure P-1) along with all consequential proceedings arising out of the
same on the basis of compromise (Annexure P-2).
2. In the present case, petitioners gave beatings and inflicted injuries
to the complainant due to some altercation between them, resulting into
registration of the present FIR.
3. In pursuance to an order dated 16.03.2023 passed by this Court,
whereby the parties were directed to appear before the trial Court for getting
their statements recorded as regards, the veracity of compromise arrived at
between them, report dated 03.04.2023 has been received from the concerned
court, stating that the compromise in the present case is valid, genuine,
voluntary and without any coercion or under influence. There is no other
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accused except the present petitioners and the sole complainant namely,
Sehnaj Bhatti. No accused has been declared as proclaimed offender. The
stage of trial was fixed for evidence of prosecution.
4. Learned counsel for the petitioners submits that once, the
compromise has been arrived at between the parties without any pressure and
respondent No.2 has no objection as regards quashing of FIR as well as 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. He further submits that 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 injuries
have been inflicted upon the person of victim.
6. Having heard learned counsel for the parties, they having settled
their dispute so as to live peacefully 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 found to be
fully in consonance with the direction issued by the 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.
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
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aforementioned judgment, the instant petition is allowed and FIR No.81 dated
27.12.2022, registered under Sections 324, 34 IPC at Police Station Bhaini
Mian Khan, District Gurdaspur (Annexure P-1) as well as all the subsequent
proceedings arising therefrom are hereby quashed.
(HARKESH MANUJA)
JUDGE
13.04.2023
anil
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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