Citation : 2024 Latest Caselaw 7675 P&H
Judgement Date : 10 April, 2024
274 2024:PHHC:049307
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-7880-2024
Date of Decision: April 10, 2024
NARINDER SINGH ........Petitioner
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Sunil Agnihotri, Advocate for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Gurvinder Singh, Advocate for
Mr. Vishal Munjal, Advocate for respondent No.2.
****
HARKESH MANUJA, J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the
petitioner prays for quashing of case bearing FIR No.115 dated
01.12.2022 registered under Sections 420, 465, 467, 468, 471 and 120-B
of IPC at P.S. Sadar Pathankot, District Pathankot, along with all
consequential proceedings arising out of the same on the basis of
compromise dated 08.02.2024.
2. As per allegations levelled in the FIR, the petitioner presented
the forged documents in order to get the letter of recommendation from
the college.
3. This Court while issuing notice of motion vide order dated
16.02.2024 directed the parties to appear before trial Court for getting their
statements recorded as regards the veracity of the compromise arrived at
between them.
4. In pursuance to the order dated 16.02.2024, a report dated
28.02.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
2024:PHHC:049307 -2-
CRM-M-7880-2024
5. Learned counsel for the petitioner 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
petitioner; 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 28.02.2024. 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:049307 -3-
CRM-M-7880-2024
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. 115 dated 01.12.2022 registered under Sections 420, 465, 467, 468,
471 and 120-B of IPC at P.S. Sadar Pathankot, District Pathankot along
with all consequential proceeding arising therefrom, are hereby
quashed.
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.5,000/- to be deposited with Punjab and Haryana High
Court Bar Clerks' Association, Chandigarh, within a period of two
weeks from today.
10.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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