Punjab-Haryana High Court
Jagroop Singh vs State Of Punjab And Another on 14 December, 2023
Neutral Citation No:=2023:PHHC:160798
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CRM-M No.25752 of 2023 2023:PHHC:160798
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
296
CRM-M No.25752 of 2023
Date of Decision: 14.12.2023
JAGROOP SINGH ......Petitioner
Vs
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Sanyam Bhardwaj, Advocate
for the petitioner.
Mr. Gurlal Singh Dhillon, Asstt. A.G., Punjab.
Mr. Kavinder S. Chhibber, Advocate
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition under Section 482 Cr.P.C., the petitioner
pray for quashing of FIR No.0119 dated 02.06.2022 registered under Section 11(2)
of The Prevention of Cruelty to Animal Act at Police Station Bhawanigarh, District
Sangrur (Annexure P-3) along with all consequential proceedings arising therefrom
on the basis of compromise dated 09.05.2023 (Annexure P-1).
2. Notice of motion was issued on 19.05.2023 and both the parties were
directed to appear before the Trial Court/Illaqa Magistrate for recording their
statements with regard to the validity of compromise.
3. In pursuance of the aforesaid order dated 19.05.2023 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 02.08.2023 has been received from the concerned
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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 petitioner. 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.
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.0119 dated 02.06.2022 registered under
Section 11(2) of The Prevention of Cruelty to Animal Act at Police Station
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Bhawanigarh, District Sangrur as well as all the subsequent proceedings arising
therefrom are hereby quashed qua the petitioner.
(HARKESH MANUJA)
December 14, 2023 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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