Punjab-Haryana High Court
Malkit Singh And Another vs State Of Punjab And Others on 18 January, 2023
257 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-59211-2022
Date of Decision: January 18, 2023
MALKIT SINGH AND ANR. ....... Petitioners
Versus
STATE OF PUNJAB AND OTHERS ......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr.Paras Khindri, Advocate for
Mr. A.S. Khinda, Advocate
for the petitioners.
Mr.Ravinder Singh, AAG. Punjab.
Mr. Harjinder Singh, Advocate
for the respondents.
****
HARKESH MANUJA, J. (ORAL)
By way of present petition under Section 482 Cr.P.C. the
petitioners pray for quashing FIR No.136, dated 22.05.2017, under
Sections 323, 324, 506, 341 IPC, registered at Police Station Sultanpur
Lodhi, District Kapurthala, (Annexure P-1) along with all consequential
proceedings arising out of the same on the basis of the compromise
dated 07.12.2022 (Annexure P-3).
2. As per the allegations levelled in the FIR, the petitioner gave
a spade blow to the complainant and threatened to kill him.
3. In pursuance to an order dated 19.12.2022 passed by this
Court whereby, the parties were directed to appear before trial Court for
getting their statements recorded as regards the veracity of the
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compromise arrived at between them, a report dated 16.01.2023 has
been received from the concerned Court, stating that the compromise in
the present case is valid, genuine, voluntary and without any coercion or
undue influence. There are two accused persons and no accused has
been declared as proclaimed offender.
4. Learned counsel for the petitioners submits that once, a
compromise has been arrived at between the parties without any
pressure and respondent Nos.2 and 3 have no objection as regard
quashing of FIR as well as all other subsequent proceedings arising out
of the same against the petitioner; the dispute purely personal in nature,
there does not appear to be any impediment as regards quashing of
present FIR. He also submits that even, 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. Learned counsel for the petitioners further submits that
present is a case of version and cross-version and the parties are
resident of same village.
5 On the other hand, learned State counsel submits that
allegations in the present FIR are of serious nature and he opposes the
prayer made in the petition.
6. I have heard learned counsel for the parties and gone
through the records including the report dated 16.01.2023. 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
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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".
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 judgments, the FIR No. 136, dated
22.05.2017, under Sections 323, 324, 506, 341 IPC along with all
consequential proceedings arising therefrom, are hereby quashed.
8. Accordingly, petition stands allowed but subject to deposit of
a sum of Rs.5,000/- each 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 Welfare Fund
Account No: 41564846387
Bank Name: S.B.I. High Court Branch.
18.01.2023 ( HARKESH MANUJA )
tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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