Nishan Singh And Others vs State Of Punjab And Others
2023 Latest Caselaw 22326 P&H

Punjab-Haryana High Court

Nishan Singh And Others vs State Of Punjab And Others on 19 December, 2023

                                                          Neutral Citation No:=2023:PHHC:163584




                                                             2023:PHHC:163584
CRM-M-50013-2023                                                            --1--

     268 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                              CHANDIGARH

                                      CRM-M-50013-2023
                                      DATE OF DECISION:-19.12.2023


Nishan Singh and others                                          ...Petitioners.

                                               vs.

State of Punjab and others                                       ...Respondents..

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Rajeev Sharma, Advocate,
         for the petitioners.

          Mr. G.S. Dhillon, AAG, Punjab.

          Ms. Surbhi Yadav, Advocate for
          Mr. Shehbaz Thind, Advocate
          for respondents No.2 and 3.

          ****

HARKESH MANUJA, J. (Oral)

1. By way of present petition under Section 482 Cr.P.C., the

petitioners pray for quashing of FIR No.98, dated 22.06.2023, under

Sections 323, 160, 148, 149 and 326 IPC added later on, registered at Police

Station Division No.2, Ludhiana as well as cancellation of the DDRs GDD

No.022 dated 27.06.2023 and GDD No.30 dated 01.09.2023 (Annexure P-3)

and all other subsequent proceedings arising therefrom on the basis of

compromise dated 06.09.2023 (Annexure P-4).

2. Briefly stated, the petitioners and private respondents are

neighbours and due to some misunderstanding scuffle took place between

them, in which, both the sides received injuries, resulting into registration of

present FIR and DDRs.

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CRM-M-50013-2023                                                            --2--

3. In pursuance of order dated 12.10.2023 passed by this Court,

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 18.12.2023 has been received from the

concerned Court, stating that compromise has been voluntarily effected

between the parties and the same appears to be genuine and without any

pressure or coercion and 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 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

& Anr., 2012(4) RCR (Crl.) 543.

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CRM-M-50013-2023                                                              --3--

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

aforementioned judgments, FIR No.98, dated 22.06.2023, under Sections

323, 160, 148, 149 and 326 IPC added later on, registered at Police Station

Division No.2, Ludhiana along with DDRs GDD No.022 dated 27.06.2023

and GDD No.30 dated 01.09.2023 (Annexure P-3) 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 Punjab and Haryana

High Court Employees Welfare Association having Account

No.37167209613 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.

19.12.2023                                          (HARKESH MANUJA)
sonika                                                  JUDGE
          whether speaking/reasoned: Yes/No
          whether reportable:        Yes/No




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