Punjab-Haryana High Court
Jaspreet Singh And Others vs State Of Punjab And Another on 13 January, 2023
CRM-M-39081-2021 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(230/2) CRM-M-39081-2021
Date of Decision: 13.01.2023
Jaspreet Singh and others ...Petitioners
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Simranjit Singh, Advocate, for the petitioners.
Mr. Ravinder Singh, AAG, Punjab.
Mr. G. S. Bajwa, Advocate, for respondents No.2 and 3.
3K 2k 2 3k
HARKESH MANUJA, J.AORAL)
By way of present petition filed under Section 482 Cr.P.C.,
petitioners pray for quashing of DDR/Cross Case No.29 dated 09.08.2021,
registered under Sections 323/325/506/149 IPC at Police Station Cantonment,
Amritsar City (Annexure P-1), along with all consequential proceedings
arising out of the same on the basis of compromise dated 07.09.2022
(Annexure P-2).
2. As per allegations levelled in the FIR, the petitioners attacked the
complainant and caused injuries to him with their respective weapons.
3. In pursuance to an order dated 21.09.2021 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 11.11.2021 has been received from the concerned
court, stating that the compromise in the present case is valid, genuine,
voluntary and without any coercion or under influence. There is no other
aickuvan accused except the present petitioners and there is one complainant namely,
2023.01.17 18:06
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ANIL KUMAR
2023.01.17 18:06
CRM-M-39081-2021 2
Paramjit. No accused has been declared as proclaimed offender. The stage of
trial was fixed for evidence of prosecution.
4. Learned counsel for the petitioners submits that 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 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 counsel submits that the
petitioners have inflicted injuries to the complainant.
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 (Cr1.) 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 judgment, DDR/Cross Case No.29 dated 09.08.2021,
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CRM-M-39081-2021 3
registered under Sections 323/325/506/149 IPC at Police Station Cantonment,
Amritsar City (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.15,000/- 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
13.01.2023
anil
Whether speaking/reasoned Yes/No
Whether reportable : Yes/No
ANIL KUMAR
2023.01.17 18:06
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