Punjab-Haryana High Court
Prince And Anr vs State Of Punjab And Anr on 16 April, 2024
297 2024:PHHC:051227
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-9263-2024
Date of Decision: April 16, 2024
PRINCE AND ANR ........Petitioners
Versus
STATE OF PUNJAB AND ANR ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Vaibhav Narang, Advocate for the petitioners.
Mr. Athar Ahmed, DAG, Punjab.
Mr. Kashish Sahni, Advocate for respondent No.2.
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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.142 dated
08.12.2023 registered under Section 307 and Sections 25 and 27 of Arms
Act, 1959 at P.S. D Division, District Police Commissionerate Amritsar
along with all consequential proceedings arising out of the same on
the basis of compromise dated 16.01.2024.
2. As per allegations levelled in the FIR, the petitioners fired a
gunshot upon complaint-respondent No.2 which hit on his left thigh.
3. This Court while issuing notice of motion vide order dated
21.02.2024 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 21.02.2024, a report dated
15.03.2024 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 respondent No.2 and has 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 15.03.2024. Though, the
present case involves fire-arm injury upon person of complainant,
however, the same is on non-vital part of body besides the parties to the
litigation are resident of nearby vicinity. 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. 142 dated 08.12.2023 registered under Section 307 and Sections 25
and 27 of Arms Act, 1959 at P.S. D Division, District Police
Commissionerate Amritsar along with all consequential proceeding
arising therefrom, are hereby quashed.
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.20,000/- to be deposited with Government Medical
Hospital, Amritsar within a period of two weeks from today. The
petitioner volunteers to deliver two stretchers to the Government
Medical hospital and receipt along with photographs in this regard be
produced within a period of 15 days from today.
16.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
