Punjab-Haryana High Court
Paramjeet Kaur vs State Of Ut, Chandigarh on 22 April, 2024
Neutral Citation No:=2024:PHHC:053859
1
CRM-M No.48513 of 2021 (O&M) 2024:PHHC:053859
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
275
CRM-M No.48513 of 2021
Date of Decision: 22.04.2024
PARAMJEET KAUR ......Petitioner(s)
Vs
STATE OF UT, CHANDIGARH AND ORS ....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Nitin Verma, Advocate
for the petitioner.
Mr. Viranjeet Singh Mahal, Addl. P.P. UT, Chandigarh.
Mr. Sudesh K. Pandey, Advocate for
Mr. Surinder Thakur, Advocate
For respondent Nos.2 to 4.
****
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.39 dated 19.04.2019 registered under Sections 279,
337, 338 (added later on) IPC at P.S. Sector 49, UT, Chandigarh (Annexure P-1)
along with all consequential proceedings arising therefrom on the basis of
compromise deed dated 28.09.2021 (Annexure P-2).
2. Vide order dated 10.02.2023, 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 10.02.2023 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
1 of 3
Neutral Citation No:=2024:PHHC:053859
CRM-M No.48513 of 2021 (O&M) 2024:PHHC:053859
between them, a report dated 11.05.2023 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 Nos.2 to 4 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 petitioner. 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 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.39 dated 19.04.2019 registered under
Sections 279, 337, 338 (added later on) IPC at P.S. Sector 49, UT, Chandigarh as
2 of 3
Neutral Citation No:=2024:PHHC:053859
CRM-M No.48513 of 2021 (O&M) 2024:PHHC:053859
well as all the subsequent proceedings arising therefrom are hereby quashed qua
the petitioner.
7. Accordingly, petition stands allowed, however, subject to payment of
cost(s) of Rs.5,000/- to the deposited with the Niskam Seva Society, Ambala City,
within a period of two weeks from today.
(HARKESH MANUJA)
April 22, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
3 of 3
