Anil And Ors vs State Of Haryana And Ors
2023 Latest Caselaw 8489 P&H

                                                       Neutral Citation No:=2023:PHHC:078300




CRM-M-21917-2021                            1   2023:PHHC:078300

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(235)                                                   CRM-M-21917-2021
                                                 Date of Decision: 29.05.2023


Anil and others                                               ...Petitioners

                                   Versus

State of Haryana and others                                   ...Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:       Mr. Baljeet Beniwal, Advocate, for the petitioners.

               Mr. Gaurav Bansal, DAG, Haryana.

               Mr. Saurabh Chobey, Advocate, for respondents No.2 to 7.

                     ****

HARKESH MANUJA, J.(ORAL)

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

petitioners pray for quashing of FIR No.54 dated 13.03.2021, registered under

Sections 148, 149, 323, 427, 452 and 506 IPC at Police Station Mundkati,

District Palwal (Annexure P-1) along with all consequential proceedings

arising out of the same on the basis of compromise.

2. As per allegations in the FIR, petitioners gave beatings and

inflicted injuries to the complainant side resulting into registration of the

present FIR.

3. In pursuance to an order dated 02.05.2023 passed by this Court,

whereby the parties were directed to appear before the trial Court for getting

their statements recorded as regards, the veracity of compromise arrived at

between them, report dated 26.05.2023 has been received from the concerned

court, stating that the compromise in the present case is valid, genuine,

voluntary and without any coercion or under influence. Originally FIR was

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registered against 12 persons, out of them, 3 were declared innocent by the

investigating agency whereas, one Sunil as juvenile was acquitted vide

judgment dated 22.05.2023 and the present petition has been filed by the

remaining 9 persons (petitioners) having entered into the settlement with 6

victims i.e. respondents No.2 to 7. 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 to 7 have no objection as regards 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 submits that injuries

have been inflicted upon the victims.

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 (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 judgment, the instant petition is allowed and FIR No.54 dated

13.03.2021, registered under Sections 148, 149, 323, 427, 452 and 506 IPC at

Police Station Mundkati, District Palwal (Annexure P-1) as well as all the

subsequent proceedings arising therefrom are hereby quashed.

8. The aforesaid order shall however, be subject to payment of costs

of Rs.30,000/- to be deposited by the petitioners with the PGI Poor Patients

Welfare Fund, Chandigarh, within a period of two weeks from today.

                                                    (HARKESH MANUJA)
                                                         JUDGE
29.05.2023
anil

            Whether speaking/reasoned        :      Yes/No
            Whether reportable               :      Yes/No




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