Punjab-Haryana High Court
Gautam @ Gopu vs State Of Punjab And Another on 2 April, 2024
Neutral Citation No:=2024:PHHC:044160
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CRM-M No.3890 of 2024 2024:PHHC:044160
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
292
CRM-M No.3890 of 2024
Date of Decision: 02.04.2024
GAUTAM @ GOPU
......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Nischal Manchanda, Advocate for
Mr. Kiran Kumar Madan, Advocate
for the petitioner.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. Ankit Kamboj, Advocate
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., prayer is
made for quashing of FIR No.0127 dated 22.11.2023 registered under Sections
323, 324, 427, 506, 148 and 149 IPC at Police Station Division No.5, Jalandhar
(Annexure P-1) along with all consequential proceedings arising therefrom on the
basis of compromise.
2. Notice of motion was issued on 24.01.2024 and both the parties were
directed to appear before the Trial Court/Illaqa Magistrate for recording their
statements with regard to the validity of compromise.
3. In pursuance of the aforesaid order dated 24.01.2024 passed by this
Court, whereby the parties were directed to appear before the Trial Court for
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CRM-M No.3890 of 2024 2024:PHHC:044160
getting their statements recorded as regards the veracity of compromise arrived at
between them, a report dated 02.03.2024 has been received from the concerned
court, stating that compromise effected between the parties is genuine, voluntary
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 respondent No.2 having no objection as regards quashing
of FIR as well as all other subsequent proceedings arising out of the same against
the petitioner(s); there does not appear to be any impediment as regards quashing
of present FIR qua the petitioner(s). Even otherwise, in order to maintain peace and
harmony between the parties, particularly under the present 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 of FIR No.0127 dated 22.11.2023 registered under
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CRM-M No.3890 of 2024 2024:PHHC:044160
Sections 323, 324, 427, 506, 148 and 149 IPC at Police Station Division No.5,
Jalandhar as well as all the subsequent proceedings arising therefrom are hereby
quashed qua the petitioner.
7. Accordingly, petition stands allowed, however subject to payment of
cost(s) of Rs.5,000/- to be deposited in the Poor Patients Welfare Fund of the
PGIMER, Chandigarh, within a period of two weeks from today.
(HARKESH MANUJA)
April 02, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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