Punjab-Haryana High Court
Rohit Singh @ Rohit And Anr vs State Of Punjab And Another on 14 December, 2023
Neutral Citation No:=2023:PHHC:160639
2023:PHHC:160639
CRM-M-50250-2023 --1--
275 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-50250-2023
DATE OF DECISION:-14.12.2023
Rohit Singh @ Rohit and another ...Petitioners.
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Kuldeep S. Saini, Advocate,
for the petitioners.
Mr. G.S. Dhillon, AAG, Punjab.
Mr. Narinder Singh, Advocate
for respondent No.2.
****
HARKESH MANUJA, J.
1. By way of present petition under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.108, dated 29.07.2023, under
Sections 323, 324, 451, 506 and 34 IPC, registered at Police Station Nur Pur
Bedi, District Roopnagar (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of compromise dated 09.08.2023
(Annexure P-2).
2. As per allegations levelled in the FIR, the petitioners entered in
the shop of complainant-respondent No.2, inflicted injuries to him and
picked up his silver chain lying on the ground and Rs.28,000/- from his
pocket.
3. In pursuance of order dated 05.10.2023 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 23.10.2023 has been received from the
concerned court, stating that the compromise entered into between the
complainant (Gagandeep Singh) and accused (Rohit Singh and Yashanpreet
Singh) is genuine & voluntary out of their free will and consent, without
any threat or pressure or undue influence.
4. 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 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.108, dated 29.07.2023, under Sections
323, 324, 451, 506 and 34 IPC, registered at Police Station Nur Pur Bedi,
District Roopnagar 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 Bar Association, within a period of two weeks from the
date of receipt of certified copy of this order.
14.12.2023 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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