Punjab-Haryana High Court
Tajinder Singh And Ors vs State Of Punjab And Anr on 20 December, 2023
Neutral Citation No:=2023:PHHC:164332
CRM-M No. 2583 of 2021 (O&M) -1- 2023:PHHC:164332
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 2583 of 2021 (O&M)
Date of Decision: 20.12.2023
Tajinder Singh and others
.......... Petitioners
Versus
State of Punjab and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. V.K. Sandhir, Advocate,
for the petitioners.
Mr. Gurlal Singh Dhillon, Assistant Advocate General, Punjab
for respondent No. 1.
Mr. Rajeev Sharma, Advocate
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
By way of present petition under Section 482 Cr.P.C. the
petitioners pray for quashing of FIR No. 003 dated 14.01.2020
(Annexure P-1) under Sections 420 & 120-B of IPC, registered at Police
Station Kotli Surat Mallian, District Batala, alongwith all consequential
proceedings arising out of the same on the basis of compromise dated
23.06.2020 (Annexure P-2).
[2] This Court while issuing notice of motion vide order dated
19.01.2021 and subsequent order dated 10.10.2023, 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 of above order dated 10.10.2023, a report dated
07.11.2023 has been received from the concerned Court, stating that
compromise effected between the parties is genuine, voluntary and without
any coercion or undue influence. No accused has been declared as
proclaimed offender.
[4] Thus 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 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
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
aforementioned judgments, the petition is allowed and the FIR (supra) as
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well as all subsequent proceedings arising therefrom are hereby quashed qua
the petitioners.
[7] The aforesaid order shall, however, be subject to payment of
costs of Rs. 20,000/- to be deposited by the petitioners with the Poor Patients
Welfare Fund of the PGIMER, 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:164332
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