Punjab-Haryana High Court
Jagdish Kumar @ Jaggu And Ors vs State Of Punjab And Others on 3 April, 2024
279 2024:PHHC:045117
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-34243-2023
Date of Decision: April 03, 2024
JAGDISH KUMAR @ JAGGU AND ORS. ........Petitioners
Versus
STATE OF PUNJAB AND OTHERS ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Shailendra Sharma, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Rajesh Kumar Bhagal, Advocate for respondent No.3.
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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.80 dated 16.03.2012
registered under Sections 365, 506, 427 and 120-B/34 IPC at P.S.
Zirakpur, District SAS Nagar, along with all consequential proceedings
arising out of the same on the basis of compromise dated 17.09.2012.
2. As per allegations levelled in the FIR, the petitioners armed
with weapons kidnapped the complainant-respondent No.3 and threatened
to kill him.
3. This Court while issuing notice of motion vide order dated
12.01.2024 directed the parties to appear before trial Court for getting their
statements recorded as regards the veracity of the compromise arrived at
between them.
4. In pursuance to the order dated 12.01.2024, a report dated
13.03.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
2024:PHHC:045117 -2-
CRM-M-34243-2023
5. Learned counsel for the petitioners submits that once, a
compromise has been arrived at between the parties without any pressure
and respondent No. 3 has no objection as regards 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. He also
submits that 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 on
the basis of compromise entered into between the parties.
6. On the other hand, learned State counsel submits that
allegations in the present FIR are of serious nature and he opposes the
prayer made in the petition.
7. I have heard learned counsel for the parties and gone
through the records including the report dated 13.03.2024. 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 directions issued by this 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".
2024:PHHC:045117 -3-
CRM-M-34243-2023
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 petition is allowed and FIR
No. 80 dated 16.03.2012 registered under Sections 365, 506, 427 and
120-B/34 IPC at P.S.Zirakpur, District SAS Nagar along with all
consequential proceeding arising therefrom, are hereby quashed.
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.20,000/- 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
