Punjab-Haryana High Court
Sunita And Anr vs State Of Punjab And Others on 30 November, 2023
Neutral Citation No:=2023:PHHC:152631
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CRM-M No.43246 of 2023 2023:PHHC:152631
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
271
CRM-M No.43246 of 2023
Date of Decision: 30.11.2023
SUNITA AND ANR.
......Petitioners
Vs
STATE OF PUNJAB AND OTHERS
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Sandeep Arora, Advocate
for the petitioner.
Mr. Gurlal Singh Dhillon, Asstt. A.G., Punjab.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition under Section 482 Cr.P.C., the petitioners
pray for quashing of FIR No.51, dated 23.05.2023, registered under Sections 323,
341, 506, 509, 294, 379 IPC at Police Station Basti Bawa Khel, Jalandhar along
with all consequential proceedings arising therefrom on the basis of compromise.
2. Notice of motion was issued on 31.08.2023 and both the parties were
directed to appear before the trial Court/Illaqa Magistrate for recording their
statements with regard to the compromise.
3. In pursuance to the aforesaid order dated 31.08.2023 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, a report dated 11.10.2023 has been received from the concerned
court, stating that compromise effected between the parties is genuine, voluntary
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and without any coercion or undue influence. No accused has been declared as
proclaimed offender.
4. Thus once, the compromise has been arrived at between the parties
without any pressure and respondents No.2 and 3 having no objection as regards
quashing of FIR as well as all other subsequent proceedings arising out of the same
against the petitioners; there does not appear to be any impediment as regards
quashing of present FIR qua the petitioners. Even otherwise, 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. 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 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.
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.51, dated 23.05.2023, registered under
Sections 323, 341, 506, 509, 294, 379 IPC at Police Station Basti Bawa Khel,
Jalandhar as well as all the subsequent proceedings arising therefrom are hereby
quashed qua the petitioners.
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7. Accordingly, petition stands allowed subject to payment of cost(s) of
Rs.10,000/- each on the petitioners to be deposited with the Punjab and Haryana
High Court Association Lawyer's Family Welfare Fund having Account
No.41564846387 with State Bank of India, High Court Branch, Chandigarh, within
a period of two weeks from today.
(HARKESH MANUJA)
November 30, 2023 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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