Punjab-Haryana High Court
Balwant Singh And Ors vs State Of Punjab And Anr on 13 April, 2023
Neutral Citation No:=2023:PHHC:051738
2023:PHHC:051738
CRM-M-53343-2021 --1--
265 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-53343-2021
DATE OF DECISION:-13.04.2023
Balwant Singh and others ...Petitioners.
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Hitesh Ghai, Advocate,
for the petitioners.
Mr. Vinay Kumar Gupta, AAG, Punjab,
for respondent No.1-State.
Mr. Sanjay Khan, 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.0113 dated 29.06.2021, under
Sections 341, 324, 323, 506 and 34 IPC, registered at Police Station Koom
Kalan, District Ludhiana (Annexure P-1) along with all consequential
proceedings arising therefrom, on the basis of compromise dated
20.07.2021.
2. As per the allegations levelled in the FIR, petitioners No.2 and 3
gave injuries to the complainant with their respective weapons, whereas,
petitioner No.1 tried to run over the tractor over him during the incident.
3. In pursuance to an order dated 16.02.2023 passed by this Court,
1 of 3
Neutral Citation No:=2023:PHHC:051738
2023:PHHC:051738
CRM-M-53343-2021 --2--
whereby the parties were directed to appear before the trial Court for getting
their statements recorded, a report dated 20/21.03.2023 has been received
from the concerned court stating that the compromise is genuine and entered
into voluntarily with free will of the parties without any coercion or undue
influence or pressure of any kind. 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:051738
2023:PHHC:051738
CRM-M-53343-2021 --3--
aforementioned judgments, FIR No.0113 dated 29.06.2021, under Sections
341, 324, 323, 506 and 34 IPC, registered at Police Station Koom Kalan,
District 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.
13.04.2023 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:051738
3 of 3
