Punjab-Haryana High Court
Aadesh vs Union Territory Of Chandigarh And Ors on 18 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:052039
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-9817-2024 (O&M)
Date of Decision:- 18.04.2024
Aadesh ... Petitioner
Versus
Union Territory Chandigarh and others ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Yashveer Kharb, Advocate, for the petitioner.
Mr. B.R.Rana, Advocate for
Mr. J.S.Toor, APP, U.T. Chandigarh.
Mr. Vishal Yadav, Advocate, for respondents No.2 & 3.
*****
GURVINDER SINGH GILL, J. (Oral)
1. Petitioner-Aadesh has approached this Court seeking quashing of FIR
No.454, dated 14.12.2023, Police Station Sector 36, Chandigarh
under Sections 147, 148, 149, 341, 307, 120-B IPC, and all
subsequent proceedings emanating therefrom on the basis of a
compromise having been effected between the parties.
2. At the time of issuance of notice of motion on 15.3.2024, the
following order was passed:
"This petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.454 dated 14.12.2023 under
Sections 147/148/149/341/307/120-B of IPC registered at
Police Station Sector 36, Chandigarh (Annexure P-1) along
with all subsequent proceedings arising therefrom on the
CRM-M-9817-2024 (O&M) -2- 2024:PHHC:052039
basis of compromise deed dated 17.02.2024 (Annexure P-
2) and 19.02.2024 (Annexure P-3).
Learned counsel for the petitioner submits that no
offence under Section 307 of IPC is made out as the
occurrence has taken place at the spur of the moment and
the medical legal report by Government Medical College
and Hospital, Sector 32, Chandigarh clearly indicates the
alleged history given by the injured is of road side accident
on 13.12.2023. The petitioner as well as the private
respondents are young boys and there was no culpable
intention to breach the threshold of Section 307 of IPC and
facts of the case satisfy the parameters of the ratio of law
laid down in the judgment of the Hon'ble Supreme Court
passed in 'The State of Madhya Pradesh Vs. Laxmi
Narayan and others' 2019 (5) SCC 688. He further place
on record the case summary in the Court today which is
taken on record. Registry is directed to tag the same at an
appropriate place in the file.
Notice of motion for 18.04.2024.
At this stage, on the asking of the Court, Mr. J.S.
Toor, Addl.P.P., U.T. Chandigarh accepts notice on behalf
of respondent No.1-State and Mr. Vishal Yadav, Advocate
accepts notice for respondent No.2 and files his
memorandum of appearance and undertakes to file his
vakalatnama and admits to the factum of compromise.
Copy of the paper book be supplied to them during the
course of day. Learned counsel for respondent No.2 is
directed to file his power of attorney on or before the next
date of hearing.
Service is complete.
In the meanwhile, the parties are directed to appear
before the learned trial Court/Illaqa Magistrate within two
weeks from today or any other date convenient to the trial
Court/Illaqa Magistrate, to get their statements recorded
regarding compromise and after recording their statements,
learned trial Court/Illaqa Magistrate is directed to send
CRM-M-9817-2024 (O&M) -3- 2024:PHHC:052039
report regarding the genuineness of compromise and also
to intimate whether any PO proceedings are pending
against any of the party on or before the date fixed i.e.
18.04.2024.
A copy of the order be sent to learned trial
Court/Illaqa Magistrate through fax for compliance."
3. Report of learned Judicial Magistrate 1st Class, Chandigarh, has been
received, wherein it has been reported that the statement of
petitioner/accused Aadesh and complainant-Lakshay Juneja and
injured-Fowzan Bahar @ Kazan have been recorded to the effect that
they have compromised the matter amongst themselves.
4. Learned counsel has today produced a copy of medico-legal summary
of injured Fowzan Bahar @ Kazan, recorded at Government Medical
College and Hospital, Sector 32, Chandigarh which shows that when
injured was taken to the hospital it was categorically got recorded that
it is a case of road-side accident. The relevant extract from the said
medico legal summary is reproduced herein under:-
"A/H/O RSA on 13/12/23(bike vs car) at 3-4AM NEAR SEC 35C
CHD
O/E: PATIENT WAS DROWSY, GCS E2 V2 M5
h/o loc, vomiting +ve
h/o ent bleed, (nasal bleed), seizure -ve
CXR-WNL
EFAST -VE
NCCT HEAD - LEFT FRONTO TEMPORO PAREITAL EDH"
5. Complainant/victim Lakshay Juneja and Fowzan Bahar @ Kazan in
their statement had stated that they have no objection in case the FIR
in question is quashed.
CRM-M-9817-2024 (O&M) -4- 2024:PHHC:052039
6. The learned Judicial Magistrate 1st Class, Chandigarh, has specifically
opined that the parties have entered into compromise voluntarily
without there being any pressure, coercion or undue influence.
7. In view of the fact that the injuries have been sustained in a vehicular
accident and that the parties have otherwise amicably resolved their
differences and bearing in mind the law laid down by Full Bench of
this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others
Vs. State of Punjab, the present petition is allowed and No.454, dated
14.12.2023, Police Station Sector 36, Chandigarh under Sections 147,
148, 149, 341, 307, 120-B IPC and all subsequent proceedings
emanating therefrom are hereby quashed qua the petitioner.
18.04.2024 (GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
