Punjab-Haryana High Court
Ashish Sawal vs State Of Punjab And Another on 20 December, 2023
Neutral Citation No:=2023:PHHC:164336
CRM-M No. 28500 of 2023 (O&M) -1- 2023:PHHC:164336
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 28500 of 2023 (O&M)
Date of Decision: 20.12.2023
Ashish Sawal
.......... Petitioner
Versus
State of Punjab and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Rajesh Kapila, Advocate,
for the petitioner.
Mr. Gurlal Singh Dhillon, Assistant Advocate General, Punjab
for respondent No. 1.
Ms. Ramandeep Kaur, Advocate
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
By way of present petition under Section 482 Cr.P.C. the
petitioner prays for quashing of FIR No. 90 dated 21.05.2022
(Annexure P-1) under Sections 494, 323, 380 & 34 of IPC, registered at
Police Station Dinanagar, District Gurdaspur, alongwith all consequential
proceedings arising out of the same on the basis of compromise dated
02.05.2023 (Annexure P-2).
[2] This Court while issuing notice of motion vide order dated
01.06.2023, directed the parties to appear before the Trial Court/Illaqa
Magistrate for recording their statements with regard to the validity of
compromise.
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[3] In pursuance to above order dated 01.06.2023, a report dated
26.07.2023 has been received from the concerned Court, stating that the
compromise is genuine, voluntary and without any coercion or undue
influence. No accused has been declared as proclaimed offender.
[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 petitioner; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioner. Even otherwise, in
order to maintain peace and harmony between the parties, particularly under
the present 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
future, 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 the case(s) of 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] Further, learned counsel for the petitioner, while placing
reliance upon the judgments passed by the Hon'ble Supreme Court in the
case of Jayrajsingh Digvijaysinh Rana Versus State of Gujarat and
another, 2012(4) R.C.R. (Criminal) 589 and this Court in the case(s) of
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Joginder Singh & another Versus State of Punjab and another, passed in
CRM-M No.23739 of 2010 decided on 27.04.2011, Rajinder Singh Versus
State of Punjab & another, passed in CRM-M No.37395 of 2016 decided
on 16.05.2017 and Vimal Kalra & others Versus State of Punjab &
another, passed in CRM-M No.20355 of 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 (supra) as well as all subsequent
proceedings arising therefrom are hereby quashed qua the petitioner.
[8] Accordingly, petition stands allowed, however, subject to
payment of cost(s) of Rs.10,000/- to be deposited by the petitioner with the
Bharat Sewak Samaj, Nehru Bhawan, Sector-24, Chandigarh, within a
period of two weeks from today.
December 20, 2023 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:164336
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