Punjab-Haryana High Court
Satbir And Others vs State Of Haryana And Another on 30 November, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
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2023:PHHC:152943
CRM-M-43429-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
280 CRM-M-43429-2023
Date of decision:30.11.2023
SATBIR AND OTHERS «PETITIONERS
VERSUS
STATE OF HARYANA AND ANOTHER .. RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Kapil Kumar Khatter, Advocate for the petitioners.
Mr. Ramender Singh Chauhan, AAG, Haryana.
Mr. Jasdev Singh Thind, Advocate
for complainant/respondent No.2.
226 2k
SUVIR SEHGAL J. (ORAL)
1. On 01.09.2023, this Court passed the following order:-
"Instant petition has been filed under
Section 482 Cr.P.C. for quashing of judgment of
conviction and order of sentence dated 17.03.2017,
Annexure P-1, passed by learned JMIC, Hisar,
wherein petitioners have been convicted in FIR
No.95 dated 29.03.2013 under Sections 148, 149,
323, 427, 448 and 452 of IPC, 1860, registered at
Police Station Adampur, District Hisar, along with
all consequential proceedings arising therefrom, on
the basis of settlement/compromise dated
28.08.2023, Annexure P-3, arrived at between the
parties.
Counsel for the petitioners submits that
genesis of the FIR is a property dispute between the
parties. He submits that the criminal case has been
lodged due to a petty altercation between the
parties. Counsel submits that after facing trial, the
accused have been convicted and sentenced by the
Trial Court vide judgment dated 17.03.2017,
Annexure P-1, which is under challenge before the
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Appellate Court. He submits that the dispute has
been amicably settled by agreement dated
28.08.2023, Annexure P-3.
While making a reference to the Division
Bench judgment of this Court in Sube Singh and
another Vs. State of Haryana and another 2013 (4)
RCR (Criminal) 102, counsel contends that the
criminal proceedings can be quashed even after
conviction during the pendency of the appeal on the
basis of a settlement between the parties.
Notice of motion.
On asking of the Court, Mr. Munish
Sharma, DAG, Haryana, accepts notice on behalf of
respondent No.1-State. Mr. Jasdev Singh Thind,
Advocate accepts notice on _ behalf of
complainant/respondent No.2 and has filed
Vakalatnama, which is taken on record. He admits
the factum of compromise.
The parties and Investigating Officer are
directed to appear before the Appellate Court/Duty
Magistrate on 28.09.2023 or on any day thereafter
as fixed by the said court, for getting their
statements recorded with regard to the compromise.
The Court concerned shall submit a report on or
before the next date of hearing specifying the
following: -
I. the number of accused
arraigned in the FIR and how many have
appeared before it and have made
statements and whether any accused is
absconding/P.O. in the case;
2. the name of the complainant
and injured/aggrieved and whether all of
them have appeared and made their
statements in support of the compromise;
3. the stage of trial/proceedings;
4. if the compromise is genuine,
voluntary and out of free will of the
parties.
5. whether any other criminal
case is pending against the accused.
Report be awaited for 30.11.2023."
Report from the learned Additional District & Sessions Judge,
Hisar, has been received in compliance of the above reproduced order,
relevant extract of which is as under:-
2023:PHHC:152943
"I. Present FIR was registered against
five accused namely Satbir, Vikas, Bala W/o Satbir,
Lokesh and Ashok. All accused are facing trial
before this court. No one is proclaimed offender in
this case.
2. There is only one complainant-injured
namely Rajbala. She appeared before the court and
made her separate statement in support of the
compromise.
3. The appeal is at the stage of arguments.
4. I questioned the complainant-injured
and accused persons personally -- regarding
compromise between them. Both parties and their
counsel stated that matter had been duly
compromised between them. After perusal of
statement of parties and after inquiry from parties
as well as their counsel, the court is satisfied that
compromise arrived at between the parties is
genuine, voluntary and out of free will of the parties.
5. Including the present appeal, there is
one more criminal case bearing FIR No. 131 dated
04.07.2006 under Section 323/325/34 IPC, PS
Adampur, was registered against qua accused Satbir
and same was cancelled by the police. Similarly,
including the present appeal, one more criminal
case bearing FIR No. 644 dated 03.10.2012 under
Sections 448/511 IPC, P.S. City Bhiwani was
registered against accused Rajbala, wherein, she
was acquitted. Further, including the present apeal
(sic appeal), one more crminal (sic criminal) case
bearing FIR No. 139 dated 22.03.2023, under
Sections 427/ 441/ 451/ 506/ 34 IPC, P.S. Adampur
was registered against accused Ashok @ Kala and
Lokesh sons of Sita Ram, residents of Mundal and
that case is pending for 12.12.2023 in the Court of
Sh. Abhishek Chaudhary, learned JMIC, Hisar."
3. In view of the above reproduced report and the judgments of
the Supreme Court in Gian Singh Versus State of Punjab and another,
2012(4) RCR (Criminal) 543 and a Full Bench of this Court in
Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR
(Criminal) 1052, this Court is of the view that keeping the criminal
proceedings alive would not serve any purpose and setting them aside
would enable the parties to lead a harmonious and peaceful life.
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4. Accordingly, the petition is allowed. FIR No.95 dated
29.03.2013 under Sections 148, 149, 323, 427, 448 and 452 of IPC,
1860, registered at Police Station Adampur, District Hisar, along with all
subsequent proceedings arising therefrom, including judgment of
conviction and order of sentence are quashed qua the petitioners.
30.11.2023 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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