Punjab-Haryana High Court
Bakhsish Singh Alias Sisu Gill And ... vs State Of Punjab And Another on 5 April, 2024
236 2024:PHHC: 046436
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-6111-2024
Date of Decision: April 05, 2024
BAKHSISH SINGH ALIAS SISU GILL AND OTHERS ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. G.S. Sandhu, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Ms. Jagdeep Kaur, 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 FIR No.174 dated
02.10.2018 registered under Sections 307, 308 and 34 of IPC at P.S. City
Sri Muktsar Sahib, District Sri Muktsar Sahib, along with all consequential
proceedings arising out of the same on the basis of compromise dated
27.01.2024.
2. As per allegations levelled in the FIR, the petitioners forcibly
entered into the agricultural land of the complainant-respondent No.2 and
later inflicted injuries with kappa and iron rod. Though, there were total 4
accused persons, however, the present petition has been filed only by
three as one accused namely Gurwinder Singh was convicted who has
already undergone the period of sentence and thus, is not the petitioner.
3. This Court while issuing notice of motion vide order dated
05.02.2024 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: 046436
4. In pursuance to the order dated 05.02.2024, a report dated
02.04.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
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 02.04.2024. 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.
2024:PHHC: 046436
State of Punjab 2007(3) RCR(Criminal) 1052 and Gian Singh
Vs.State of Punjab & Anr., 2012(4) RCR (Crl.) 543".
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. 174 dated 02.10.2018 registered under Sections 307, 308 and 34 of
IPC at P.S. City Sri Muktsar Sahib, District Sri Muktsar Sahib 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
