Lovely @ Nishan Singh vs State Of Punjab And Anr
2023 Latest Caselaw 1427 P&H

249 IN THE HIGH COURT OF PUNJAB AND HARYANA
                             AT CHANDIGARH

                                CRM-M-34501-2021
                     Date of Decision: January 23, 2023
LOVELY @ NISHAN SINGH                          ....... Petitioner

                                Versus

STATE OF PUNJAB AND ANR                                     ......... Respondents

CORAM:     HON'BLE MR. JUSTICE HARKESH MANUJA

Present:   Mr. K.S. Brar, Advocate
           for the petitioner.

           Mr. Ravinder Singh, AAG, Punjab.
           Mr. Kuldeep Sheoran, Advocate for respondent No.2.

                                       ****

HARKESH MANUJA, J. (ORAL)

By way of present petition filed under Section 482 Cr.P.C.

prayer is for quashing of FIR No.52 dated 28.06.2016 under Sections 323,

506, 148, 149 of IPC and under Section 25/27 of Arms Act, registered at

Police Station Mehna, District Moga (P-1) along with all the subsequent

proceedings arising therefrom, on the basis of compromise dated

27.04.2021 (P-2).

2. As per the allegations levelled in the FIR, the petitioner along

with 5 other persons gave beating to the complainant.

3. In pursuance to an order dated 12.11.2021 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

compromise arrived at between them, a report dated 12.11.2021 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 is no other accused except the present petitioner

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and he has never been declared as proclaimed offender.

4. Learned counsel for the petitioner submits that once, a

compromise has been arrived at between the parties without any pressure

and respondent No.2 has no objection as regards 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.

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 12.11.2021. 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 directions issued

by this 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 judgments, the petition is allowed. FIR No. 52

dated 28.06.2016 under Sections 323, 506, 148, 149 of IPC and under

Section 25/27 of Arms Act, registered at Police Station Mehna, District

Moga (P-1) along with all the subsequent proceedings arising therefrom,

are hereby quashed, subject to deposit of a sum of Rs.10,000/- 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 Welfare Fund
             Account No:          41564846387
             Bank Name:           S.B.I. High Court Branch.



23.01.2023                                     ( HARKESH MANUJA )
tejwinder                                            JUDGE


                  Whether speaking/reasoned             Yes/No
                     Whether Reportable                 Yes/No




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