Punjab-Haryana High Court
Rohan Kumar @ Rohan Bansal And Ors vs State Of Punjab And Anr on 27 January, 2023
249 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-21868-2022
Date of Decision: January 27, 2023
ROHAN KUMAR @ ROHAN BANSAL AND ORS VS ........ Petitioners
Versus
STATE OF PUNJAB AND ANR ........ Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Vikram Singh, Advocate for
Mr. J.S. Dadwal, Advocate for
the petitioner.
****
HARKESH MANUJA, J. (ORAL)
By way of present petition filed under Section 482 Cr.P.C. the
petitioner prays for quashing FIR No.0156, dated 04.08.2021, under
Sections 379, 427, 506, 120-B, 148, 149 IPC, registered at Police Station
Urban Estate, District Patiala, Punjab (Annexure P-1) along with all
consequential proceedings arising out of the same on the basis of
the compromise dated 23.04.2022 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners
damaged the car of complainant with hockey sticks and baseball bats
and threatened to kill him.
3. In pursuance to an order dated 19.05.2022 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
compromise arrived at between them, a report dated 06.06.2022 has
been received from the concerned Court, stating that the compromise in
1 of 3
the present case is genuine, voluntary and without any undue influence.
There are total six accused persons named in the FIR besides few
unknown persons regarding them even IO refused to give the statement
thus practically all name are before this Court.
4. Learned counsel for the petitioner submits that once, a
compromise has been arrived at between the parties without any
pressure and respondent has no objection as regard quashing of FIR as
well as all other subsequent proceedings arising out of the same against
the petitioners; the dispute purely personal in nature, there does not
appear to be any impediment as regards quashing of present FIR, in
part, qua the petitioners. 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 in question, qua the
petitioners, 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 06.06.2022. 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
2 of 3
the direction 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".
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.
0156, dated 04.08.2021, under Sections 379, 427, 506, 120-B, 148, 149
IPC, along with all consequential proceedings arising therefrom, qua
the petitioners are hereby quashed, 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 Welfare Fund
Account No: 41564846387
Bank Name: S.B.I. High Court Branch.
27.01.2023 ( HARKESH MANUJA )
tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
3 of 3
