Punjab-Haryana High Court
Sanjeet Kumar And Others vs State Of Haryana And Another on 18 December, 2023
Neutral Citation No:=2023:PHHC:162603
2023:PHHC:162603
CRM-M-24294-2023 --1--
258 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-24294-2023
DATE OF DECISION:-18.12.2023
Sanjeet Kumar and others ...Petitioners.
vs.
State of Haryana and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Ravinder Hooda, Advocate,
for the petitioners.
Mr. G.S. Dhillon, AAG, Punjab.
None 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.385, dated 20.09.2021, under
Sections 323, 34, 452, 506 IPC and Section 25 of the Arms Act, 1959
(Sections 27 and 30 of Arms Act added later on), registered at Police
Station Urban Estate, Rohtak, District Rohtak (Annexure P-1) and all other
subsequent proceedings arising therefrom on the basis of compromise dated
29.04.2023 (Annexure P-2).
2. As per allegations levelled in the FIR, the petitioners while
entering the office of the complainant, gave abuses and beatings to him,
besides it, petitioner No.1 also took out his pistol and threatened to
eliminate him in case money is not returned.
3. In pursuance of order dated 12.05.2023 passed by this Court,
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whereby 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 04.07.2023 has been received from the
concerned court, stating that the arrived at between the parties is genuine,
voluntary, without any coercion or undue influence. No accused has been
declared as proclaimed person.
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.385, dated 20.09.2021, under Sections
323, 34, 452, 506 IPC and Section 25 of the Arms Act, 1959 (Sections 27
and 30 of Arms Act added later on), registered at Police Station Urban
Estate, Rohtak, District Rohtak 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 Welfare Fund having Account
No.41564846387 with State Bank of India, High Court Branch, 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
Neutral Citation No:=2023:PHHC:162603
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