Punjab-Haryana High Court
Mohinder Singh And Another vs State Of Punjab And Another on 20 April, 2024
208/2 2024:PHHC:053157
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-36516-2023
Date of Decision: April 20, 2024
MOHINDER SINGH AND ANOTHER ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. K.P. Singh, Advocate for the petitioners.
Mr. Athar Ahmed, DAG, Punjab.
Mr. Divya Gulati, 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.79 dated 10.06.2020
registered under Sections 323/324/34 of IPC at P.S. Gharinda, District
Amritsar, Rural along with all consequential proceedings arising out of
the same on the basis of compromise dated 20.04.2023.
2. As per allegations levelled in the FIR, the petitioners inflicted
injuries on complainant-respondent No.2 with sickle.
3. This Court while issuing notice of motion vide order dated
11.09.2023 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 11.09.2023, a report dated
28.03.2024 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 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 28.03.2024. 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. 79 dated 10.06.2020 registered under Sections 323/324/34 of IPC at
P.S. Gharinda, District Amritsar Rural along with all consequential
proceeding arising therefrom, are hereby quashed.
9. Both the petitioners in CRM-M-36516-2023 and CRM-M-
27441-2023 in order to serve the public cause volunteer to deliver an
eye-testing machine to the Government Civil Hospital, Amritsar within a
period of two weeks from today and receipt thereof shall be submitted
to Registry of this Court.
20.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
