Punjab-Haryana High Court
Sukhraj Singh @ Geja And Another vs State Of Punjab And Another on 15 April, 2024
Neutral Citation No:=2024:PHHC:050326
Neutral Citation No. 2024:PHHC:050326
289
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 7253 of 2024 (O&M)
Date of Decision: 15.04.2024
Sukhraj Singh @ Geja and another
.......... Petitioners
Versus
State of Punjab and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Divya Gulati, Advocatge
for the petitioners.
Mr. Siddharath Sandhu, Assistant Advocate General, Punjab
for respondent No. 1.
Mr. Ashok Kumar, Advocate, for
Ms. Jasneet Mehra, Advocate
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
The petitioners, by way of present petition filed under Section
482 Cr.P.C., seek quashing of FIR No. 96 dated 08.12.2023 (Annexure P-1)
under Sections 380, 452, 427, 506, 148 & 149 of IPC, registered at Police
Station Mohkampura, District Amritsar City, alongwith all consequential
proceedings arising out of the same on the basis of compromise dated
09.01.2024 (Annexure P-2).
[2] This Court, while issuing notice of motion vide order dated
12.02.2024, directed the parties to appear before the Trial Court/Illaqa
Magistrate for recording their statements with regard to the validity of
compromise.
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[3] In pursuance of above order dated 08.02.2024, a report dated
08.04.2024 has been received from the concerned Court, stating that
compromise effected between the parties is genuine, voluntary and without
any coercion or undue influence. No accused has been declared as
proclaimed offender.
[4] Thus once, the compromise has been arrived at between the
parties without any pressure and respondent No. 2 having no objection as
regards quashing of FIR as well as all other subsequent proceedings arising
out of the same against the petitioners; there does not appear to be any
impediment as regards quashing of present FIR qua the petitioners. Even
otherwise, in order to maintain peace and harmony between the parties,
particularly under the present 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.
[5] 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
direction issued by the 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.
[6] Thus, in view of the aforesaid facts, 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 the FIR (supra) as
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well as all subsequent proceedings arising therefrom are hereby quashed qua
the petitioners.
[7] The aforesaid order shall, however, be subject to payment of
costs of Rs. 10,000/- each to be deposited by the petitioners with the Poor
Patients' Welfare Fund of the PGIMER, Chandigarh, within a period of two
weeks from today.
April 15, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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