Punjab-Haryana High Court
Bhasver Sharma And Another vs State Of Punjab And Others on 18 April, 2024
Neutral Citation No:=2024:PHHC:052031
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CRM-M No.7992 of 2024 (O&M) 2024:PHHC:052031
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
285
CRM-M No.7992 of 2024 (O&M)
Date of Decision: 18.04.2024
BHASVER SHARMA AND ANOTHER
......Petitioner(s)
Vs
STATE OF PUNJAB AND OTHERS
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Shivya Sehgal, Advocate
for the petitioner(s).
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
None for respondent Nos.2 and 3.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., prayer is
made for quashing of FIR No.99 dated 29.04.2023 registered under Sections 323,
324, 341, 34 IPC (Sections 326, 307 IPC added later on) at P.S. Haibowal, Police
Commissionerate, Ludhiana (Annexure P-1) along with all consequential
proceedings arising therefrom on the basis of compromise.
2. Notice of motion was issued on 15.02.2024 and both the parties were
directed to appear before the Trial Court/Illaqa Magistrate for recording their
statements with regard to the validity of compromise.
3. In pursuance of the aforesaid order dated 15.02.2024 passed by this
Court, whereby the parties were directed to appear before the Trial Court for
getting their statements recorded as regards the veracity of compromise arrived at
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between them, a report dated 01.04.2024 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. Petitioners are young boys. Though injury Nos.1, 2 and 4 have been
declared to be with sharp-edged weapon and the parties to the litigation are
neighbourers. At this stage, the settlement between them is going to result in
harmony between them which would improve their future relations.
5. Learned counsel for the petitioners also volunteers to provide one
ECG Machine of M/s Contec Medical Systems Co. Ltd., having Model
No.ECG300GA to the Civil Hospital, Ludhiana so as further the public cause.
6. Thus once, the compromise has been arrived at between the parties
without any pressure and respondent Nos.2 and 3 having no objection as regards
quashing of FIR as well as all other subsequent proceedings arising out of the same
against the petitioner(s); there does not appear to be any impediment as regards
quashing of present FIR qua the petitioner(s). 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.
7. 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
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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.
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 FIR No.99 dated 29.04.2023 registered under
Sections 323, 324, 341, 34 IPC (Sections 326, 307 IPC added later on) at P.S.
Haibowal, Police Commissionerate, Ludhiana as well as all the subsequent
proceedings arising therefrom are hereby quashed qua the petitioner(s).
9. Accordingly, petition stands, allowed however subject to providing
one ECG Machine of M/s Contec Medical Systems Co. Ltd., having Model
No.ECG300GA to the Civil Hospital, Ludhiana as volunteered by the petitioners
against receipt issued by the concerned CMO. A copy of the same along with
photograph of the ECG Machine shall be forwarded to the office of learned State
counsel, within a period of two weeks from today.
(HARKESH MANUJA)
April 18, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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