Vishal Khanna And Ors vs State Of Punjab And Another
2023 Latest Caselaw 12798 P&H

                                                     Neutral Citation No:=2023:PHHC:104987




CRM-M-60645-2022                   1                   2023:PHHC:104987

           IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH

239
                                               CRM-M-60645-2022 (O&M)
                                               Date of Decision: 11.08.2023


Vishal Khanna and others                                      .....Petitioners


                                          Versus


State of Punjab and another                                   .....Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:    Mr. Akbarjit Singh, Advocate for the petitioners.
            Mr. Anup Singh, AAG, Punjab.
            Mr. Amrit Paul Nahar, Advocate for
            Mr. S.S.Kang, Advocate for respondent No. 2.

                          ****

SUVIR SEHGAL, J.(Oral)

1. Instant petition has been filed under Section 482 Cr.P.C seeking

quashing cross case/cross version in FIR No. 127 dated 08.08.2020

(Annexure P-1) being General Diary No. 038 dated 10.08.2020 under

Sections 323, 324, 148, 149 IPC, 1860 at Police Station Division No.1,

Police Commissionerate, Jalandhar, along with all subsequent proceedings

arising therefrom on the basis of compromise dated 22.11.2022 (Annexure

P-3).

2. Counsel for the petitioner submits that FIR (Annexure P-1) is an

outcome of minor discord between the parties which has been amicably

resolved by compromise (Annexure P-3). He submits that the parties have

appeared before the Trial Court and recorded their statements in support of

the compromise.

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3. Upon instructions from ASI Gurjit Singh, State counsel submits

that on conclusion of investigation, final report has been presented, but

charge has not been framed.

4. Counsel for the complainant has admitted the factum of

compromise and supported the prayer made in the petition.

5. Heard counsel for the parties, pursuant to order dated

23.12.2022 passed by this Court, report has been received from the Trial

Court, relevant extract of which is as under:

(a) It is respectfully submitted that there are only three

accused namely Vishal Khanna, Prince and Harpreet Singh

(sic have) arrayed in the cross case and they have appeared

before court and suffered a statement before this court.

(b) It is also submitted that none of the accused have ever

been declared Proclaimed Offender/absconder in the present

case as per statement of IO.

(c) It is respectfully submitted that in view of the statements

got recorded by the complainant and accused persons, this

court is satisfied that the compromise, effected between them is

genuine one and voluntary, which is not the result of any

pressure or coercion.

(d) The accused persons in the present case except for Vishal

Khanna are not involved in any other case within the

jurisdiction of this court. Accused Vishal Khanna is involved in

case FIR no. 103 of 2019 U/s 4A and 21A of Cigarette and

Tobacco Products Act.

(e) It is further submitted that as per the statement of

Investigating officer, there is only one complainant/victim i.e.

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Manpreet Singh in the present case. It is pertinent to mention

here that the abovesaid compromise statements have been

recorded in respect of cross FIR only as the compromise in the

main FIR qua accused Vikramjeet Singh and Gaurav Kumar

has yet not materialized."

6. I have heard counsel for the parties.

7. In view of the report given by the Trial Court and the judgments

of the Supreme Court in Narinder Singh Versus State of Punjab (2014) 6

SCC 466 and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur

and others Versus State of Gujarat and another (2017) 9 SCC 641, this

Court is of the view that keeping the criminal proceedings alive would not

serve any purpose and setting them aside would enable the parties to lead a

harmonious and peaceful life.

8. Accordingly, the petition is allowed. Cross case/cross version in

FIR No. 127 dated 08.08.2020 (Annexure P-1) being General Diary No. 038

dated 10.08.2020 under Sections 323, 324, 148, 149 IPC, 1860 at Police

Station Division No.1, Police Commissionerate, Jalandhar, along with all

subsequent proceedings arising therefrom, are quashed qua the petitioners.

                                             (SUVIR SEHGAL)
                                                 JUDGE
11.08.2023
Rajeev (rvs)


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

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