Punjab-Haryana High Court
Harvinder Rai @ H.V. Rai vs State Of Punjab And Another on 30 November, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
2023:PHHC:152898
CRM-M-44235-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
281 CRM-M-44235-2023
Date of decision:30.11.2023
HARVINDER RAT @ H.V. RAI ..PETITIONER
VERSUS
STATE OF PUNJAB AND ANOTHER ... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Ramandeep, Advocate for the petitioner.
Mr. Anup Singh, AAG, Punjab.
Mr. Sukhdeep Singh, Advocate for respondent No.2.
2K 2 3
SUVIR SEHGAL J. (ORAL)
1. Instant petition has been filed under Section 482 of Cr.P.C. for
quashing of FIR No.39 dated 18.03.2021 under Sections 447, 199 and
506, IPC, 1860, however, Section 420, IPC, was added later on,
registered at Police Station Division No.4, District Patiala,
Annexure P-1, along with all subsequent proceedings arising therefrom,
on the basis of order dated 25.05.2023, Annexure P-4, passed by the
Area Magistrate.
2. Counsel for the petitioner submits that FIR is an outcome of a
petty dispute between the tenant-petitioner and the landlord of the
premises, complainant/respondent No.2. Counsel submits that as the
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2023:PHHC:152898
petitioner is a septuagenarian, he has amicably settled the dispute as is
reflected from order dated 25.05.2023, Annexure P-2, passed by the
learned Judicial Magistrate, Patiala.
3. Pursuant to order dated 20.09.2023 passed by this Court, report
has been received from the Judicial Magistrate, Patiala, relevant extract
of which is as under:-
"1. That this court deems it appropriate to
further draw the attention of the Hon'ble High Court
that FIR was registered against Harwinder Singh
Rai son of S. Tara Singh, r/o House no.809, Gali
No.8, Gurbaksh Colony, Patiala, whose statement
has been recorded qua compromise. As per
statement of IO none of the accused has been
declared as Proclaimed Offender nor is absconding.
2. In the instant FIR name of complainant
is Jaspreet Singh Bhatia, who is _ only
injured/aggrieved person, whose statement has been
recorded in support of the compromise.
3. In the instant FIR challan has not been
presented till date.
4. That the compromise effected between
the parties is genuine, voluntarily and out of free
will of the parties.
5. That as per statement of accused no
other criminal case is pending against them."
4. Upon instructions, State counsel submits that matter is under
investigation.
5. Counsel representing respondent No.2 has admitted the factum
of compromise.
6. Heard counsel for the parties.
7. Dispute has been amicably resolved amongst the parties with
the intervention of the respectables, Annexure P-2.
8. In view of the report given by the learned Magistrate and the
judgment of the Supreme Court in Gian Singh Versus State of Punjab
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2023:PHHC:152898
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.
9. Accordingly, the petition is allowed. FIR No.39 dated
18.03.2021 under Sections 447, 199 and 506, IPC, 1860, however,
Section 420, IPC, was added later on, registered at Police Station
Division No.4, District Patiala, Annexure P-1, along with all subsequent
proceedings arising therefrom, are quashed qua the petitioner.
30.11.2023 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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