Sukhmander Singh And Ors vs State Of Punjab And Another
2023 Latest Caselaw 4029 P&H

                                                      Neutral Citation No:=2023:PHHC:054053




CRM-M-47412-2022                            1                  2023:PHHC:054053

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(268)                                                    CRM-M-47412-2022
                                                 Date of Decision: 13.04.2023


Sukhmander Singh and others                                  ...Petitioners

                                   Versus

State of Punjab and Another                                  ...Respondents

CORAM:       HON'BLE MR. JUSTICE HARKESH MANUJA

Present:     Mr. Mandeep Singh, Advocate, for the petitioners.

             Mr. Amit Shukla, AAG, Punjab.

             Mr. Shadab Ahmad, Advocate, for respondent No.2.

                    ****

HARKESH MANUJA, J.(ORAL)

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

petitioners pray for quashing of FIR No.118 dated 29.07.2022, registered

under Sections 341, 323, 506 and 34 IPC at Police Station Sadar Faridkot,

District Faridkot (Annexure P-1) along with all consequential proceedings

arising out of the same on the basis of compromise 26.09.2022 (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 22.02.2023 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 17.03.2023 has been received from the concerned

court, stating that the compromise in the present case is valid, genuine,

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voluntary and without any coercion or under influence. There is no other

accused except the present petitioners and the sole complainant namely Ram

Singh. 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.

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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 judgment, the instant petition is allowed and FIR No.118

dated 29.07.2022, registered under Sections 341, 323, 506 and 34 IPC at

Police Station Sadar Faridkot, District Faridkot (Annexure P-1) as well as all

the subsequent proceedings arising therefrom are hereby quashed.

8. The aforesaid order shall however, be subject to payment costs of

Rs.5,000/- to be deposited by the petitioners 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.

                                                     (HARKESH MANUJA)
                                                          JUDGE
13.04.2023
anil

             Whether speaking/reasoned        :      Yes/No
             Whether reportable               :      Yes/No




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