Punjab-Haryana High Court
Jaswinder Singh @ Mara And Others vs State Of Punjab And Another on 5 April, 2024
227 2024:PHHC:046464
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39537-2022
Date of Decision: April 05, 2024
JASWINDER SINGH @ MARA AND OTHERS ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Paras Jagga, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. J.S. Mahal, Advocate for the 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 DDR No.26 dated
22.02.2022 registered under Sections 323, 324, 341, 34 and 506 of IPC
(Section 326 of IPC added later on) in FIR No.0024 dated 20.02.2022
registered under Sections 323, 324, 341, 171-F, 34 and 506 of IPC at
P.S.Subhanpur, District Kapurthala along with all consequential
proceedings arising out of the same on the basis of compromise dated
28.08.2022.
2. As per allegations levelled in the FIR, the petitioners inflicted
injuries on the person of complainant-respondent No.2 with dattar and
threatened to kill him.
3. This Court while issuing notice of motion vide order dated
01.09.2022 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 01.09.2022, a report dated
02.03.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
CRM-M-39537-2022
2024:PHHC:046464 -2-
5. Learned counsel for the petitioners submits that once, a
compromise has been arrived at between the parties without any pressure
and respondent No.2 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 02.03.2024. 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".
CRM-M-39537-2022
2024:PHHC:046464 -2-
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 DDR
No.26 dated 22.02.2022 registered under Sections 323, 324, 341, 34 and
506 of IPC (Section 326 of IPC added later on) in FIR No.0024 dated
20.02.2022 registered under Sections 323, 324, 341, 171-F, 34 and 506 of
IPC at P.S.Subhanpur, District Kapurthala along with all consequential
proceeding arising therefrom, are hereby quashed.
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.15,000/- to be deposited with Poor Patients' Welfare
Fund, PGIMER, Chandigarh, within a period of two weeks from today.
05.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
