Punjab-Haryana High Court
Sanjeev And Others vs State Of Haryana And Others on 19 December, 2023
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2023:PHHC:163650
CRM-M-49684-2023 --1--
266 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-49684-2023
DATE OF DECISION:-19.12.2023
Sanjeev and others ...Petitioners.
vs.
State of Haryana and others ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Arun Chander Sharma, Advocate,
for the petitioners.
Mr. Viney Phogat, DAG, Haryana.
Mr. Himanshu Choudhary, Advocate for
Mr. Ajit Singh, Advocate
for respondents No.2 and 3.
****
HARKESH MANUJA, J.
1. By way of present petition under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.497 dated 25.05.2023, under
Sections 148, 149, 323, 427 and 506 of IPC, registered at Police Station
Karnal Sadar, District Karnal (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of compromise dated 22.09.2023
(Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners along
with other persons attacked respondents No.2 and 3 with iron rods and sticks
while they were sleeping at their home, as a result of which, they received
injuries.
Though, as per allegations, 17 persons were involved in the
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incident, however, names of 12 persons have already been removed by the
police during investigation, having found innocent.
3. In pursuance to order dated 03.10.2023 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 10.11.2023 has been received from
the concerned court, stating that the compromise is genuine, voluntary and
without any coercion or undue influence. The petitioners-accused have not
been declared as proclaimed offender.
4. Once, the compromise has been arrived at between the parties
without any pressure and respondents No.2 and 3 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
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& Anr., 2012(4) RCR (Crl.) 543.
6. Further, learned counsel for the petitioners, while placing reliance
upon the judgments passed by the Hon'ble Supreme Court in Jayrajsingh
Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R.
(Criminal) 589 and this Court in Joginder Singh & another Vs. State of
Punjab and another, passed in CRM-M-23739- 2010 decided on
27.04.2011, Rajinder Singh Vs. State of Punjab & another, passed in
CRM-M- 37395-2016 decided on 16.05.2017 and Vimal Kalra & others
Vs. State of Punjab & another, passed in CRMM-20355-2022, decided on
25.07.2022 submits that partial quashing of the FIR is possible on the basis
of a compromise.
7. 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
aforementioned judgments, the FIR No.497 dated 25.05.2023, under
Sections 148, 149, 323, 427 and 506 of IPC, registered at Police Station
Karnal Sadar, District Karnal (Annexure P-1) as well as all the subsequent
proceedings arising therefrom are hereby quashed qua the petitioners.
8. 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.
19.12.2023 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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