Punjab-Haryana High Court
Sunil Kumar And Anr vs State Of Punjab And Another on 3 April, 2024
280 2024:PHHC:045124
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-56493-2023
Date of Decision: April 03, 2024
SUNIL KUMAR AND ANR ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. A.K. Khunger, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Kuljit Singh, Advocate for respondent No.2.
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HARKESH MANUJA, J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the
petitioners pray for quashing of case bearing FIR No.0185 dated
14.09.2020 registered under Sections 307, 353, 186, 341, 324, 323, 506,
148, 149 and 120-B IPC (Section 326 IPC added later on) at P.S. Khui
Khera, District Fazilka, along with all consequential proceedings arising
out of the same on the basis of compromise/affidavit dated 28.09.2023.
2. As per the allegations levelled in the FIR, the accused
persons inflicted kappa blows on the person of complaint-respondent
No.2, however, as per the statement of complainant-respondent No.2,
no injury has been attributed to the petitioners who are not even named
in the FIR.
3. This Court while issuing notice of motion vide order dated
20.01.2024 directed the parties to appear before trial Court for getting their
statements recorded as regards the veracity of the compromise arrived at
between them.
2024:PHHC:045124 -2-
CRM-M-56493-2023
4. In pursuance to the order dated 20.01.2024, a report dated
13.02.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
5. Thus once, the compromise has been arrived at between
the parties without any pressure and respondent No.2 has no objection
as regard quashing of FIR as well as all other subsequent proceedings
arising out of the same against the petitioners; the dispute purely
personal in nature, there does not appear to be any impediment as
regards quashing of present FIR, in part, qua the petitioners. Even, 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 in question, qua the
petitioners, on the basis of compromise entered into between the
parties.
6. 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".
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CRM-M-56493-2023
7. Further, learned counsel for the petitioner, while placing
reliance upon the judgments passed by the Hon'ble Supreme Court in
'Jayrajsingh Digvijaysinh Rana Vs. State of Gujarat and Another',
2012(4) R.C.R. (Criminal) 589 and this Court in 'Joginder Singh &
Another Vs. State of Punjab and Another', passed in CRM-M-23739-
2010 decided on 27.04.2011, 'Rajinder Singh Vs. State of Punjab &
Another', passed in CRM-M- 37395-2016 decided on 16.05.2017 and
'Vimal Kalra & others Vs. State of Punjab & another', passed in
CRM-M-20355-2022, decided on 25.07.2022 submits that partial
quashing of the FIR is possible on the basis of a compromise.
8. 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. 0185 dated
14.09.2020 registered under Sections 307, 353, 186, 341, 324, 323, 506,
148, 149 and 120-B IPC (Section 326 IPC added later on) at P.S. Khui
Khera, District Fazilka along with all consequential proceedings arising
therefrom, are hereby quashed qua the petitioners.
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.10,000/- to be deposited with Poor Patients' Welfare
Fund, PGIMER, Chandigarh, within a period of two weeks from today.
03.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
