Punjab-Haryana High Court
Ajay Kumar And Others vs State Of Punjab And Others on 4 December, 2023
Neutral Citation No:=2023:PHHC:154604
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CRM-M No.17583 of 2021 (O&M) 2023:PHHC:154604
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
268
CRM-M No.17583 of 2021 (O&M)
Date of Decision: 04.12.2023
AJAY KUMAR AND OTHERS
......Petitioners
Vs
STATE OF PUNJAB AND OTHERS
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Shubham Mehta, Advocate for
Mr. Vivek Salathia, Advocate
for the petitioners.
Mr. Gurlal Singh Dhillon, Asstt. A.G., Punjab.
Mr. L.S. Sidhu, Advocate
for respondents Nos.2(i) and 3 to 5.
****
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 (Section 307 IPC added later on) and Sections 25 & 27 of the Arms Act, 1959
at Police Station Chheharta, 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 04.09.2023 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.
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3. In pursuance of the aforesaid order dated 04.09.2023 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 18.09.2023 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 Nos.2(i), 2(ii) and 3 to 5 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.156 dated 14.08.2020 registered under
Section 336 IPC (Section 307 IPC added later on) and Sections 25 & 27 of the
Arms Act, 1959 at Police Station Chheharta, 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:154604
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