Punjab-Haryana High Court
Lakhan Alias Lakhu And Others vs State Of Haryana And Another on 18 December, 2023
Neutral Citation No:=2023:PHHC:162721
2023:PHHC:162721
CRM-M-50331-2023 --1--
264 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-50331-2023
DATE OF DECISION:-18.12.2023
Lakhan @ Lakhu and others ...Petitioners
vs.
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Gagandeep Sanwal, Advocate,
for the petitioners.
Mr. Viney Phogat, DAG, Haryana.
Mr. Mannu Sheokand, Advocate for
Mr. Ajay Punia, Advocate,
for respondent No.2-complainant.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.227, dated 23.05.2018, under
Sections 148, 149, 323, 342, 427, 435 and 506 IPC, registered at Police
Station Rai, Sonipat (Annexure P-1) and all other subsequent proceedings
arising therefrom on the basis of compromise dated 29.09.2023 (Annexure
P-2).
2. As per allegations levelled in the FIR, the petitioners inflicted
injuries upon the complainant with their respective weapons and threatened
to kill him, besides it, they also set fire to the animal shed outside his house.
3. In pursuance of order dated 06.10.2023 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 07.11.2023 has been received from the
concerned Court, stating that the statements of the parties are bona fide and
are not result of any threat, duress or coercion in any manner and
compromise effected between the parties is genuine, voluntarily and without
any coercion or undue influence and is valid one.
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.227, dated 23.05.2018, under Sections
148, 149, 323, 342, 427, 435 and 506 IPC, registered at Police Station Rai,
Sonipat 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.5,000/- to be deposited by the petitioners with the Poor Patients'
Welfare Fund of the Postgraduate Institute of Medical Education and
Research (PGIMER), Chandigarh, within a period of two weeks from the
date of receipt of certified copy of this order.
18.12.2023 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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