Punjab-Haryana High Court
Jasvir Singh vs State Of Punjab And Another on 22 April, 2024
Neutral Citation No:=2024:PHHC:054213
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CRM-M No.63158 of 2023 (O&M) 2024:PHHC:054213
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
287
CRM-M No.63158 of 2023 (O&M)
Date of Decision: 22.04.2024
JASVIR SINGH
......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Ankur Bansal, Advocate
for the petitioner.
Mr. Rahul Jindal, Asstt. A.G., Punjab.
Mr. Ruhani Chadha, Advocate
For respondent No.2
****
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.146 dated 28.07.2017 registered under Sections 3 &
4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989
at Police Station Maqsudan, District Jalandhar (Annexure P-1) along with all
consequential proceedings arising therefrom on the basis of compromise
(Annexure P-2).
2. Notice of motion was issued on 08.01.2024 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 08.01.2024 passed by this
Court, whereby the parties were directed to appear before the Trial Court for
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getting their statements recorded as regards the veracity of compromise arrived at
between them, a report dated 30.01.2024 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. Learned counsel for the petitioner submits that on account of political
differences between the parties, who happen to be neighbourers, an uncalled
incident took place at the time when the development work in the village was
going on through the petitioner, who happens to be Ex.Panch of the village. He
also submits that that petitioner volunteers to provide the following items to the
Civil Hospital, Kartarpur, District Jalandhar so as further the public cause:-
i) Laboratory Incubator make TRANSASIA
ii) Baby Suction Machine Portable make ANAND Instrument and
iii) Refraction Box make OPTIC/SHAH
5. Thus once, the compromise has been arrived at between the parties
without any pressure and respondent No.2 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.
6. 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
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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.
7. 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, FIR No.146 dated 28.07.2017 registered under
Sections 3 & 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities
Act), 1989 at Police Station Maqsudan, District Jalandhar as well as all the
subsequent proceedings arising therefrom are hereby quashed qua the petitioner.
8. Accordingly, petition stands, allowed. however subject to providing
one Laboratory Incubator make TRANSASIA, Baby Suction Machine Portable
make ANAND Instrument and Refraction Box make OPTIC/SHAH to the Civil
Hospital, Kartarpur District Jalandhar, within a period of two weeks from today as
volunteered by the petitioner against due receipt issued by the concerned Civil
Surgeon, who shall prepare an inventory in this regard for its regular inspection by
the Director concerned. A copy of the receipt shall also be sent to the office of
Advocate General, Punjab at the earliest for maintaining records in this regard.
(HARKESH MANUJA)
April 22, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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