Punjab-Haryana High Court
Chander Bhan @ Rameshwar And Another vs State Of Haryana And Another on 4 December, 2023
Neutral Citation No:=2023:PHHC:154612
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CRM-M No.52898 of 2023 (O&M) 2023:PHHC:154612
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
278-2
CRM-M No.52898 of 2023 (O&M)
Date of Decision: 04.12.2023
CHANDER BHAN @ RAMESHWAR AND ANOTHER
......Petitioners
Vs
STATE OF HARYANA AND ANOTHER
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Rajesh Duhan, Advocate
for the petitioners.
Mr. Gurlal Singh Dhillon, Asstt. A.G., Punjab.
Mr. Harsh, Advocate for
Ms. Gurmeet Kaur, Advocate
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition under Section 482 Cr.P.C., the petitioners
pray for quashing of FIR No.137 dated 25.04.2016 registered under Sections 323,
420, 467, 468, 471, 506, 120-B, 34 IPC and Sections 10 & 24 of Immigration Act
at Police Station Butana, District Karnal (Annexure P-1) along with all
consequential proceedings arising therefrom on the basis of affidavit/compromise
dated 06.10.2023 (Annexure P-2).
2. Notice of motion was issued on 19.10.2023 and both the parties were
directed to appear before the Trial Court/Illaqa Magistrate on 07.11.2023 for
recording their statements with regard to the compromise.
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3. In pursuance to the aforesaid order dated 19.10.2023 passed by this
Court, 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 07.11.2023 has been received from the concerned
court, stating that compromise effected between the parties is genuine, voluntary
and without any coercion or undue influence. No accused has been declared as
proclaimed offender.
4. Thus 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; 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 present 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 future,
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 & Anr., 2012(4) RCR (Crl.) 543.
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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.137 dated 25.04.2016 registered under
Sections 323, 420, 467, 468, 471, 506, 120-B, 34 IPC and Sections 10 & 24 of
Immigration Act at Police Station Butana, District Karnal (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 cost(s) of
Rs.5,000/- to be deposited by the petitioners with the Poor Patients Welfare Fund of
the PGIMER, Chandigarh within a period of two weeks from today.
(HARKESH MANUJA)
December 04, 2023 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:154612
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