Punjab-Haryana High Court
Surinder Kumar vs State Of Punjab And Another on 12 January, 2023
CRM-M-19964-2022 --1--
251 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-19964-2022
DATE OF DECISION:-12.01.2023
Surinder Kumar ...Petitioner.
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Surinder Garg, Advocate for the petitioner.
Mr. Ravinder Singh, AAG, Punjab
Mr. Munish Garg, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J.
By way of present petition under Section 482 Cr.P.C., the
petitioner prays for quashing of FIR No.28 dated 25.03.2022, under
Sections 332, 353, 186 and 506 IPC, registered at Police Station Phool,
District Bathinda (Annexure P-1) along with all consequential proceedings
arising out of the same on the basis of compromise dated 27.04.2022
(Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioner gave fist
blow on the mouth of Station House Officer/respondent No.2 and torn his
uniform in the police station.
3. In pursuance to an order dated 13.05.2022 passed by this Court,
whereby the parties were directed to appear before the trial court for getting
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CRM-M-19964-2022 --2--
their statements recorded as regard the veracity of the compromise arrived at
between them, report dated 06.07.2022 has been received from the
concerned court, stating that the compromise effected between the parties is
genuine, out of their free will, without any external pressure, fraud,
misrepresentation or coercion. There is no other accused except the
petitioner and no other case is pending against him. The petitioner is on
anticipatory bail.
4. Thus once, the compromise has been arrived at between the
parties without any pressure and respondent No.2 has 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.
Even otherwise, in order to maintain peace and harmony between the
parties, particularly under the circumstances wherein the alleged offences
has 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.
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6. 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.28 dated 25.03.2022, under Sections
332, 353, 186 and 506 IPC, registered at Police Station Phool, District
Bathinda (Annexure P-1)) as well as all the subsequent proceedings arising
therefrom are hereby quashed.
7. Accordingly, petition stands disposed of but subject to deposit of
a sum of Rs.10,000/- by the petitioner within a period of two weeks from
today in the following account:-
Account Name - Punjab and Haryana High Court Bar
Association Lawyer's Family Welfare Fund
Account No.-41564846387
Bank Name- SBI High Court Branch.
12.01.2023 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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