Citation : 2023 Latest Caselaw 4963 P&H
Judgement Date : 21 April, 2023
Neutral Citation No:=2023:PHHC:056336
2023:PHHC:056336
217 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-275-2023
Date of decision: 21.04.2023
SATNAM SINGH AND ORS
...Petitioners
V/s
STATE OF PUNJAB AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Naveen Batra, Advocate
for the petitioners.
Mr. Vinay Kumar Gupta, AAG, Punjab.
Mr. Mohan Singh Chauhan, Advocate
for respondent No.2.
****
HARKESH MANUJA J. (ORAL)
By way of present petition under Section 482 Cr.P.C., the
petitioner prays for quashing of FIR No.69 dated 14.06.2018, under Sections
382, 323, 353, 341, 186 and 34 of Indian Penal Code registered at Police
Kiratpur Sahib, District Rupnagar (Annexure P-1) along with all subsequent
proceedings arising therefrom on the basis of compromise dated 18.11.2022.
2. As per the allegations levelled in the FIR, petitioners, in drunk
condition, stuck their motor-cycle in the complainant's car. Thereafter, they
stopped the car of complainant and gave beatings to him.
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, a report dated 27.03.2023 has been received from
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Neutral Citation No:=2023:PHHC:056336
2023:PHHC:056336
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 aforementioned judgments, FIR No.69 dated 14.06.2018, under
Sections 382, 323, 353, 341, 186 and 34 of Indian Penal Code registered at
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Neutral Citation No:=2023:PHHC:056336
2023:PHHC:056336
Police Kiratpur Sahib, District Rupnagar (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.
(HARKESH MANUJA)
21.04.2023 JUDGE
manisha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:056336
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