Punjab-Haryana High Court
Ajit And Ors vs State Of Haryana And Others on 20 December, 2023
Neutral Citation No:=2023:PHHC:164408
CRM-M-48148-2023 --1-- 2023:PHHC:164408
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
264 CRM-M-48148-2023
Date of Decision: December 20, 2023
Ajit and others ......Petitioner(s)
Vs.
State of Haryana and others ......Respondent(s)
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Kaushal Chahal, Advocate for
Mr. V.P. Sangwan, Advocate for the petitioner(s).
Mr. Vikas Bhardwaj, AAG, Haryana
Ms. Anu Garg, Advocate for respondents No.2 and 3.
----
HARPREET SINGH BRAR J. (ORAL)
1. This third petition has been filed under Section 482 of the Code
of Criminal Procedure seeking quashing of F1R No.0315 dated 10.12.2020
(Annexure P-1) under Sections 147, 148, 149, 323, 341, 427, 506 IPC of
1860 (section 307 IPC added lateron on the complaint dated 05.01.2021),
registered at Police Station Badhra, District Charkhi Dadri and all
consequential proceedings arising therefrom, on account of compromise
dated 07.03.2023 (Annexure P-2).
2. Additional Status report by way of affidavit of Desh Raj, HPS,
DSP, Badhra Distt. Charkhi Dadri, has been filed in the Court today and the
same is taken on record.
3. The FIR has been registered on the statement of complainant-
Dishant/respondent No.2 on the allegations that on 09.12.2020, after
attending the marriage, he alongwith Akshay were going on car from village
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Kubja Nagar to Hisar. When they reached near Kari Mod Adda Village, then
10-12 boys were standing on the road side and tried to stop their car. When
they did not stop their car, the boys chased them. When they reached near
bus stand Kari Dass Rupa at around 11:20-11:45 p.m., road was blocked
with barricades and their car got stopped. 15-20 boys came out of the
chasing cars carrying dandas, stones and bricks in their hands and started
assaulting the complainant and said Akshay. Their car was badly damaged
and they also sustained injuries. Then they fled away from the spot. On the
basis of this, the present FIR has been registered. Now with the intervention
of respectable persons, the matter has been amicably compromised between
the parties and they have resolved their disputes and differences.
4. Learned counsel for the petitioners inter alia contends that the
perusal of the record would indicate that no offence under Section 307 of
Indian Penal Code is made out. The police has wrongly added Section 307
IPC by interpreting the legal opinion on the basis of the complaint dated
05.01.2021. In this regard reliance is placed on the judgment passed by the
Hon'ble Supreme Court of India in case of The State of Madhya Pradesh
vs. Laxmi Narayan and others, 2019 (5) SCC 688.
5. Learned counsel for the petitioners relies upon the judgment of
this Court in Parambir Singh Gill Vs. Malkiat Kaur 2010(1) RCR (Crl.)
256 and Jayaraj Singh Digvijay Singh Rana Vs. State of Gujrat and
Another 2012(4) RCR (Crl.) 589, to contend that the partial compromise
with some of the accused is permissible.
6. Keeping in view the fact that the parties have entered into a
compromise, they were directed to appear before the trial court/Illaqa
Magistrate for getting their statements recorded in support of the
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compromise. In pursuance of the direction, a report has been received from
Judicial Magistrate First Class, Charkhi Dadri, stating that the compromise
arrived at between the parties is without any pressure or coercion from any
one and the same is genuine one.
7. Learned State counsel on instructions from the Investigating
Officer and learned counsel for the complainant-respondent No.2 admit the
factum of compromise and submit that in case the parties have indeed settled
their dispute, the State would have no objection to the quashing of the FIR,
in view of the law laid down by the Hon'ble Supreme Court.
8. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
9. In a decision, based on compromise, none of the parties is a
loser. Rather, a compromise not only brings peace and harmony between the
parties to a dispute, but also restores tranquility in the society. After
considering the nature of offences allegedly committed and the fact that both
the parties have amicably settled their dispute, continuance of criminal
prosecution would be an exercise in futility, as the chances of ultimate
conviction are bleak. A two Judge Bench of the Hon'ble Supreme Court in
Shakunta Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC
63, speaking through Justice V.R. Krishna Iyer, has held as under:-
"4. ....The finest hour of justice arrives propitiously when
parties, despite falling apart, bury the hatchet and weave a
sense of fellowship or reunion....."
10. Consequently, keeping in view the fact that the dispute has been
amicably settled and in view of the law laid down by the Hon'ble Supreme
Court in Narinder Singh and others vs. State of Punjab and another,
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(2014) 6 SCC 466 and Ramgopal and another Vs. State of Madhya
Pradesh 2021 SCC OnLine SC 834 and Full Bench of this Court in
Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this
petition is allowed and F1R No.0315 dated 10.12.2020 (Annexure P-1)
under Sections 147, 148, 149, 323, 341, 427, 506 IPC of 1860 (section 307
IPC added later on the complaint dated 05.01.2021), registered at Police
District Badhra, District Charkhi Dadri and all subsequent proceedings
arising out of the same are quashed qua the petitioners only.
(HARPREET SINGH BRAR)
JUDGE
December 20, 2023
sonia arora
Whether speaking/reasoned: Yes/No
Whether reportable: No
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