Krishan Kumar @ Krishan Lal And ... vs State Of Punjab And Others
2023 Latest Caselaw 5563 P&H

                                                         Neutral Citation No:=2023:PHHC:060453




                                                      2023:PHHC:060453
CRM-M-14214-2023                                            --1--


     267 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                             CHANDIGARH

                               CRM-M-14214-2023
                               DATE OF DECISION:-27.04.2023

Krishan Kumar @ Krishan Lal and others                          ...Petitioners.


                              vs.


State of Punjab and others                                      ...Respondents..

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Jagraj Singh, Advocate for
         Mr. Lupil Gupta, Advocate,
         for the petitioners.

          Mr. Vinay Kumar Gupta, AAG, Punjab.

          Mr. Rohit Sharma, Advocate,
          for respondents No.2 and 3.

          ****

HARKESH MANUJA, J.

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

petitioners pray for quashing of FIR No.182, dated 26.09.2018, under

Sections 324, 323 and 34 IPC, registered at Police Station Sardulgarh,

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

arising therefrom on the basis of compromise dated 10.02.2023 (Annexure

P-3).

2. As per the allegations in the FIR, the petitioners after entering the

house of complainant-respondent No.2 inflicted injuries to him as well as to

his wife i.e. respondent No.3 with their respective weapons.

3. In pursuance to order dated 20.03.2023 passed by this Court,

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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, a report dated 13.04.2023 has been received from the

concerned court, stating that the compromise appears to be genuine, without

any pressure or undue influence between the accused persons/petitioners

and the complainant/injured persons. It has also been mentioned in the

report that there are total 6 accused, out of which, two were declared

innocent. No accused has been declared as proclaimed offender.

4. Thus once, the compromise has been arrived at between the

parties without any pressure and respondents No.2 and 3 have no objection

as regards quashing of FIR as well as all other subsequent proceedings

arising out of the same against the petitioners; there does not appear to be

any impediment as regards quashing of present FIR qua the petitioners.

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 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

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& 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, the FIR No.182, dated 26.09.2018, under

Sections 324, 323 and 34 IPC, registered at Police Station Sardulgarh,

District Mansa (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.5,000/- to be deposited with the Punjab and Haryana High Court

Clerks Bar Association, within a period of two weeks from today.

27.04.2023                                          (HARKESH MANUJA)
sonika                                                  JUDGE
          whether speaking/reasoned: Yes/No
          whether reportable:        Yes/No




                                                         Neutral Citation No:=2023:PHHC:060453

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