Punjab-Haryana High Court
Aditya And Others vs State Of Haryana And Another on 8 April, 2024
276 2024:PHHC:047647
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-14039-2024 & CRM-14040-2024 in/& CRM-M-46099-2023(O&M)
Date of Decision: April 08, 2024
ADITYA AND OTHERS ........Petitioners
Versus
STATE OF HARYANA AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. J.S. Thind, Advocate for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Manjit Singh Gahlawat, Advocate
for respondents No.2 and 3.
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HARKESH MANUJA, J. (ORAL)
CRM-14039-2024
Allowed as prayed for, subject to all just exceptions.
CRM-14040-2024
This is an application for impleading Chirag as party-
respondent No.3 in compliance of order dated 09.01.2024.
Notice of the application to non-applicant/respondents.
Mr. Gurmeet Singh, AAG, Haryana accepts notice on behalf
of respondent-State whereas Mr. Manjit Singh Gahlawat, Advocate
accepts notice on behalf of respondents No.2 & 3 and files his power of
attorney on behalf of respondent No.3 as well, the same is taken on
record.
For the reasons mentioned in the application, the same is
allowed, subject to all just exceptions and Chirag Chaudhary is ordered
to be impleaded as party-respondent No.3 in order to pursue the
present petition.
Amended memo of parties is taken on record.
CRM-14039-2024 & CRM-14040-2024 in/& CRM-M-46099-2023(O&M)
MAIN CASE
By way of this petition filed under Section 482 Cr.P.C. the
petitioners pray for quashing of case bearing FIR No.351 dated
06.11.2021 registered under Sections 147, 149, 323, 452 and 506 of IPC
at P.S. Civil Line Hisar, District Hisar, along with all consequential
proceedings arising out of the same on the basis of compromise dated
01.08.2023.
2. As per allegations levelled in the FIR, the petitioners forcibly
entered the house of complainant-respondent No.2 and gave beatings to
him. The present FIR has been got registered at the instance of Saurabh
Singh, though his nephew Chirag also happens to be one of the victim.
3. This Court while issuing notice of motion vide order dated
14.09.2023 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 14.09.2023, a report dated
03.11.2023 has been received from the concerned Court as regards the
statements of the petitioners besides the complainant, stating that the
compromise in the present case is genuine and voluntary whereas an
affidavit of Mr. Chirag Chaudhary has been filed wherein he has admitted
the factum of settlement/compromise arrived at and stated that he has no
objection in case FIR is quashed.
5. Learned counsel for the petitioners submits that once, a
compromise has been arrived at between the parties without any pressure
and respondents No.2 and 3 have no objection as regards quashing of
FIR as well as all other subsequent proceedings arising out of the same
CRM-14039-2024 & CRM-14040-2024 in/& CRM-M-46099-2023(O&M)
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 03.11.2023. 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".
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
351 dated 06.11.2021 registered under Sections 147, 149, 323, 452 and
506 of IPC at P.S. Civil Line Hisar, District Hisar along with all
consequential proceeding arising therefrom, are hereby quashed.
CRM-14039-2024 & CRM-14040-2024 in/& CRM-M-46099-2023(O&M)
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.40,000/- (Rs.5,000/- each to be deposited with the Poor
Patients' Welfare Fund, PGIMER, Chandigarh, within a period of two
weeks from today.
08.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
