Punjab-Haryana High Court
Raj Rani And Others vs State Of Punjab And Others on 28 August, 2023
2023:PHHC:112913
CRM-M-52326-2022 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
273-2. CRM-M-52326-2022
Date of decision:28.08.2023
RAJ RANI AND OTHERS PETITIONERS
VS.
STATE OF PUNJAB AND OTHERS ..RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Gurpreet Singh, Advocate for
Mr. Ramnish Puri, Advocate for the petitioners.
Mr. Anup Singh, AAG, Punjab.
Mr. Amit Khari, Advocate
for respondents No.2 and 3.
2K 2 3
SUVIR SEHGAL J. (ORAL)
1. Instant petition has been filed under Section 482 of Cr.P.C. for
quashing of FIR No.83 dated 01.08.2021 under Sections 341, 427, 506,
148 and 149 of IPC, registered at Police Station 'D' Division, District
Amritsar, Annexure P-3, alongwith all subsequent proceedings arising
therefrom, on the basis of compromise deed dated 26.10.2022,
Annexure P-1, which is supported with an affidavit, Annexure P-2.
2. Counsel for the petitioners submits that FIR is an outcome of a
business rivalry between the parties and it has been alleged that the
employees of the opponent were attacked and injuries were inflicted
SHEETAL
2023.08.31 10:11
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2023:PHHC:112913
upon them. He submits that both the sides have lodged criminal cases
against each other and the dispute has been amicably resolved by
compromises, Annexures P-1 and P-2.
3. Pursuant to order dated 27.04.2023 passed by this Court, report
has been received from the Trial Court, relevant extract of which is as
under:-
"7. There are total 2 accused in the
present FIR namely Samunderpal and Prince.
ii. That no accused has been declared
proclaimed offender in any case.
iii. The compromise effected between the
parties appears to be genuine and the same has been
effected between the parties voluntarily, out of their
free will, without any undue influence or coercion
and is also not a_ result of fraud or
misrepresentation.
iv. That except present FIR four other
FIRs have been registered against accused Prince
ie. FIR No. 54/18, 96/18, 48/18 and 49/18 u/s 61 of
Excise Act. P.S. D-Division, Amritsar and no other
FIR has' been registered against accused
Samunderpal.
v. There is one complainant namely
Jaswinder Singh and one victim namely Shiv
Chander Chawla in the present case."
4. Counsel for the complainant and injured submit that they do
not have any objection, in case the prayer made in the petition is acceded
to.
5. Heard counsel for the parties.
6. Dispute has been amicably resolved amongst the parties by
virtue of compromises, Annexures P-1 and P-2.
7. In view of the report given by the Trial Court and the judgment
of the Supreme Court in Gian Singh Versus State of Punjab and
another, 2012(4) RCR (Criminal) 543 and a Full Bench of this Court in
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2023:PHHC:112913
Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR
(Criminal) 1052, this Court is of the view that keeping the criminal
proceedings pending would be a futile exercise and setting them aside
would enable the parties to lead a harmonious and peaceful life.
8. Accordingly, the petition is allowed. FIR No.83 dated
01.08.2021 under Sections 341, 427, 506, 148 and 149 of IPC, registered
at Police Station 'D' Division, District Amritsar, Annexure P-4, along
with all subsequent proceedings arising therefrom, are quashed qua the
petitioners.
28.08.2023 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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