Punjab-Haryana High Court
Deepak Sharma Shandilya And Others vs State Of Haryana And Another on 5 April, 2024
239 2024:PHHC:046432
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-11988-2024
Date of Decision: April 04, 2024
DEEPAK SHARMA SHANDILYA AND OTHERS ........Petitioners
Versus
STATE OF HARYANA AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Dhruv Gupta, Advocate and
Mr. Prince Pushpinder Rana, Advocate for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Nitin Sachdeva, Advocate for the respondent No.2.
****
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.310 dated
16.08.2021 registered under Sections 323, 34, 504 and 506 of IPC
(Sections 120-B, 452, 500 and 509 of IPC added later on) at P.S. Ambala
City, District Ambala, along with all consequential proceedings arising
out of the same on the basis of compromise dated 01.03.2024.
2. As per allegations levelled in the FIR, the petitioners forcibly
entered into the house of complainant and hurled abuses on complainant
besides threatening to kill him.
3. This Court while issuing notice of motion vide order dated
07.03.2024 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 07.03.2024, a report dated
22.03.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
2024:PHHC:046432 -2-
CRM-M-11988-2024
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 22.03.2024. 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".
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CRM-M-11988-2024
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. 310 dated 16.08.2021 registered under Sections 323, 34, 504 and 506
of IPC (Sections 120-B, 452, 500 and 509 of IPC added later on) at P.S.
Ambala City, District Ambala 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.
04.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
