Punjab-Haryana High Court
Inderpal Singh @ Mithu vs State Of Haryana And Others on 2 February, 2023
CRM-M-26930-2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(250) CRM-M-26930-2022
Date of Decision: 02.02.2023
Inderpal Singh @ Mithu ...Petitioner
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Surinder Singh Duhan, Advocate, for the petitioner.
Mr. R. K. Ambavata, AAG, Haryana.
Mr. Bhal Singh Beniwal, Advocate, for respondents No.2 to 4.
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HARKESH MANUJA, J.(ORAL)
By way of present petition filed under Section 482 Cr.P.C.,
petitioner pray for quashing of FIR No.168 dated 22.05.2022, registered under
Sections 323, 452, 506 of IPC of 1860 at Police Station Bhuna, District
Fatehabad (Annexure P-1) along with all consequential proceedings arising
out of the same on the basis of compromise dated 13.06.2022 (Annexure P-2).
2. As per allegations levelled in the FIR, petitioner inflicted injuries
to the complainant-party in an incident which took place on 20.05.2022
resulting into the registration of the present FIR.
3. In pursuance to an order dated 18.07.2022 passed by this Court,
whereby the parties were directed to appear before the trial Court for getting
their statements recorded as regard the veracity of the compromise arrived at
between them, report dated 27.01.2023 has been received from the concerned
court, stating that the compromise in the present case is valid, genuine,
voluntary and without any coercion or under influence. There is no other
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accused except the present petitioners and there are three complainant-
respondents namely, Jagtar Singh, Arshdeep @ Harshdeep and Virender. No
accused has been declared as proclaimed offender. The stage of trial was
fixed for evidence of prosecution.
4. Learned counsel for the petitioner submits that once, the
compromise has been arrived at between the parties without any pressure and
respondents No.2 to 4 have no objection as regard quashing of FIR as well as
other subsequent proceedings arising out of the same against the petitioners,
the dispute being purely personal in nature, there does not appear to be any
impediment as regards quashing of present FIR. He further submits that 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. On the other hand learned State counsel submits that the
petitioners have inflicted injuries to the complainant-party with their
respective weapons.
6. Having heard learned counsel for the parties, they having settled
their dispute so as to live peacefully 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 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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7. Thus in view of the aforesaid report, accompanied by statements
of both the parties as well as keeping in mind the law laid down in the
aforementioned judgment, FIR No.168 dated 22.05.2022, registered under
Sections 323, 452, 506 of IPC of 1860 at Police Station Bhuna, District
Fatehabad (Annexure P-1) as well as all the subsequent proceedings arising
therefrom are hereby quashed.
8. Accordingly, petition stands disposed of but subject to deposit of
a sum of Rs.20,000/- by the petitioners within a period of two weeks from
today in the following account:
Account Name- Punjab and Haryana High
Court Association
Lawyer's Family Welfare
Fund.
Account No. 41564846387.
Bank Name. SBI High Court Branch.
Petition stands disposed of
(HARKESH MANUJA)
JUDGE
02.02.2023
anil
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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