Punjab-Haryana High Court
Sourabh Jain And Another vs State Of Punjab And Others on 10 April, 2024
275 2024:PHHC:049478
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-7912-2024
Date of Decision: April 10, 2024
SOURABH JAIN AND ANOTHER ........Petitioners
Versus
STATE OF PUNJAB AND OTHERS ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Sahil Nain, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Rajveer Singh Brar, Advocate for respondents No.2 to 4
****
HARKESH MANUJA, J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the
petitioners pray for quashing of case FIR No.107 dated 25.05.2013
registered under Sections 324, 323 and 34 of IPC at P.S. Kapurthala City,
District Kapurthala along with all other consequential proceedings arising
therefrom on the basis of compromise dated 18.12.2023.
2. As per allegations levelled in the FIR, the petitioners inflicted
injuries upon complainants-respondents No.2 to 4 with danda and dattar.
Though, there were three accused persons in the FIR, however, one of the
accused namely Ashok Jain who was summoned under Section 319
CrPC, later on died and consequently, proceedings against him stand
abated.
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
19.03.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
2024:PHHC:049478 -2-
CRM-M-7912-2024
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 to 4 have 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 19.03.2024. 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".
2024:PHHC:049478 -3-
CRM-M-7912-2024
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. 107 dated 25.05.2013 registered under Sections 324, 323 and 34 of
IPC at P.S. Kapurthala City, 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.10,000/- to be deposited with the Poor Patients' Welfare
Fund, PGIMER, 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
