Sarup Singh And Others vs State Of Punjab And Another
2023 Latest Caselaw 21011 P&H

Punjab-Haryana High Court

Sarup Singh And Others vs State Of Punjab And Another on 4 December, 2023

                                                         Neutral Citation No:=2023:PHHC:154608



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CRM-M No.24421 of 2021 (O&M)                                       2023:PHHC:154608

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

268-2

                                        CRM-M No.24421 of 2021 (O&M)
                                        Date of Decision: 04.12.2023

SARUP SINGH AND OTHERS

                                                     ......Petitioners

            Vs

STATE OF PUNJAB AND ANOTHER
                                                     ....Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:    Mr. L.S. Sidhu, Advocate
            for the petitioners.

            Mr. Gurlal Singh Dhillon, Asstt. A.G., Punjab.

            Mr. Shubham Mehta, 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.156 dated 14.08.2020 registered under Section 336

IPC and Sections 25/27 of the Arms Act, 1959 at Police Station Chheharta, District

Amritsar (Annexure P-1) along with all consequential proceedings arising

therefrom on the basis of compromise dated 03.02.2021 (Annexure P-2).

2. Vide order dated 16.10.2023 passed by this Court, both the parties

were directed to appear before the Trial Court/Illaqa Magistrate for recording their

statements with regard to the compromise in terms of earlier order dated

28.09.2022 passed by the Court.

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                                                          Neutral Citation No:=2023:PHHC:154608





CRM-M No.24421 of 2021 (O&M)                                       2023:PHHC:154608

3. In pursuance of the aforesaid order dated 16.10.2023 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 04.11.2023 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 respondents 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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                                                          Neutral Citation No:=2023:PHHC:154608





CRM-M No.24421 of 2021 (O&M)                                       2023:PHHC:154608

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.156 dated 14.08.2020 registered under

Section 336 IPC and Sections 25/27 of the Arms Act, 1959 at Police Station

Chheharta, District Amritsar (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.10,000/- to be deposited by the petitioners with the Punjab and Haryana High

Court Association Lawyer's Family Welfare Fund having Account

No.41564846387 with State Bank of India, High Court Branch, 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:154608

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