Punjab-Haryana High Court
Sanjeev Sharma vs State Of Haryana And Another on 5 December, 2023
Neutral Citation No:=2023:PHHC:154965
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CRM-M No.46424 of 2023 2023:PHHC:154965
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
273
CRM-M No.46424 of 2023
Date of Decision: 05.12.2023
SANJEEV SHARMA
......Petitioner
Vs
STATE OF HARYANA AND ANOTHER
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Munish Dev Sharma, Advocate
for the petitioner.
Mr. Viney Phogat, D.A.G., Haryana.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition under Section 482 Cr.P.C., the petitioner
prays for quashing of FIR No.0966 dated 12.06.2023 registered under Section 24
of the Immigration Act and Sections 406, 420 IPC at Police Station Civil Lines
Karnal, District Karnal (Haryana) (Annexure P-1) along with all consequential
proceedings arising therefrom on the basis of compromise dated 11.07.2023
(Annexure P-2).
2. Notice of motion was issued on 15.09.2023 and both the parties were
directed to appear before the Trial Court/Illaqa Magistrate on 03.10.2023 for
recording their statements with regard to the validity of compromise. However,
nobody turned up to get their statements recorded on the date fixed. On
20.10.2023, the parties were again directed to appear before the Trial Court/Illaqa
Magistrate on or before 15.11.2023 for getting their statements recorded, subject to
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depositing cost of Rs.2500/- with Poor Patients Welfare Fund of PGIMER, Sector
12, Chandigarh.
3. In pursuance of the aforesaid order dated 20.10.2023 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 04.12.2023 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 petitioner; 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
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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.
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.0966 dated 12.06.2023 registered under
Section 24 of the Immigration Act and Sections 406, 420 IPC at Police Station
Civil Lines Karnal, District Karnal (Haryana) (Annexure P-1) as well as all the
subsequent proceedings arising therefrom are hereby quashed qua the petitioner.
7. Accordingly, petition stands allowed subject to payment of cost(s) of
Rs.5,000/- to be deposited by the petitioner 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 05, 2023 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:154965
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