Punjab-Haryana High Court
Jagtar Singh And Ors vs State Of Punjab And Others on 12 December, 2023
Neutral Citation No:=2023:PHHC:158932
2023:PHHC:158932
270
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-49705-2022
Date of Decision:-12.12.2023
Jagtar Singh and others ...Petitioners
vs.
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Nitin Narula, Advocate,
for the petitioners.
Mr. G.S. Dhillon, AAG, Punjab.
Mr. Sandeep Sharma, Advocate
for respondents No.2 to 4.
****
HARKESH MANUJA, J.
1. By way of present petition under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.223, dated 29.10.2014, under
Sections 323, 324, 148 and 149 IPC, registered at Police Station Ajnala,
District Amritsar Rural (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of affidavits dated 03.09.2022
and 17.09.2022 (Annexure P-2 to P-4).
2. As per allegations levelled in the FIR, petitioners inflicted injuries
to respondents No.2 to 4 with their respective weapons.
3. In pursuance of order dated 20.09.2023 passed by this Court,
whereby parties were directed to appear before the Trial Court for getting
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their statements recorded as regards the veracity of compromise arrived at
between them, a report dated 21.10.2023 has been received from the
concerned court, stating that the settlement is genuine and is arrived at
without any coercion or undue influence. No accused has been declared as
proclaimed offender.
4. Once, the compromise has been arrived at between the parties
without any pressure and respondents No.2 to 4 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 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
furture, 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.
6. Thus, in view of the aforesaid facts, accompanied by statements of
both the parties as well as keeping in mind the law laid down in the
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aforementioned judgments, FIR No.223, dated 29.10.2014, under Sections
323, 324, 148 and 149 IPC, registered at Police Station Ajnala, District
Amritsar Rural as well as all subsequent proceedings arising therefrom are
hereby quashed qua the petitioners.
7. Accordingly, petition stands allowed subject to payment of costs
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.
12.12.2023 (HARKESH MANUJA)
geeta JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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