Punjab-Haryana High Court
Ajay Kumar @ Money And Others vs State Of Punjab And Others on 15 April, 2024
286 2024:PHHC:050403
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-5347-2024
Date of Decision: April 15, 2024
AJAY KUMAR @ MONEY AND OTHERS ........Petitioners
Versus
STATE OF PUNJAB AND OTHERS ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. H.S. Rakhra, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Ms. Gurvinder Kaur, Advocate for
Mr. Mohit, Advocate for respondents No.2 to 6.
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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.29 dated 05.05.2022
registered under Sections 323, 341, 452, 380, 427, 148, 149 and 506 of
IPC at P.S. Jhander, District Amritsar Rural as well as DDR No.029 dated
08.05.2022 registered under Sections 323, 452, 427, 506, 148 and 149 of
IPC at P.S. Jhander, District Amritsar Rural along with all other
consequential proceedings arising therefrom on the basis of compromise
dated 26.12.2023.
2. As per allegations levelled in the FIR, the petitioners inflicted
injuries on respondent No.2 and 3 with their respective weapons and
threatened to kill them besides damaging the house articles whereas in
the DDR, injuries have been inflicted on petitioner No.12 and her family
members by respondents No.2-6 with their respective weapons.
3. This Court while issuing notice of motion vide order dated
20.02.2024 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 20.02.2024, a report dated
02.03.2024 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 respondents No.2 to 6 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 02.03.2024. 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".
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. 29 dated 05.05.2022 registered under Sections 323, 341, 452, 380,
427, 148, 149 and 506 of IPC at P.S. Jhander, District Amritsar Rural as
well as DDR No.029 dated 08.05.2022 registered under Sections 323,
452, 427, 506, 148 and 149 of IPC at P.S. Jhander, District Amritsar Rural
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/-each by petitioners as well as respondents No.2
to 6 to be deposited with Poor Patients' Welfare Fund, PGIMER,
Chandigarh, within a period of two weeks from today.
15.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
