Punjab-Haryana High Court
Hardev Singh vs State Of Punjab And Anr on 22 April, 2024
Neutral Citation No:=2024:PHHC:054189
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CRM-M No.30975 of 2023 (O&M) 2024:PHHC:054189
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
285
CRM-M No.30975 of 2023 (O&M)
Date of Decision: 22.04.2024
HARDEV SINGH
......Petitioner(s)
Vs
STATE OF PUNJAB AND ANR
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Sahil Matharoo, Advocate for
Mr. Saurav Bhatia, Advocate
for the petitioner.
Mr. Rahul Jindal, Asstt. A.G., Punjab.
Mr. Kuljinder Singh Billing, Advocate for
Mr. S.K. Jindal, 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.72 dated 29.05.2023 registered under Sections 406,
420 IPC at Police Station City Nawanshahar, District Shaheed Bhagat Singh Nagar
along with all consequential proceedings arising therefrom on the basis of
compromise.
2. Notice of motion was issued on 21.06.2023 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 21.06.2023 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 25.07.2023 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. Learned counsel for the petitioner also volunteers to provide one
patient Bed to the Civil Hospital, Shaheed Bhagat Singh Nagar so as further the
public cause.
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
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.
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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.72 dated 29.05.2023 registered under Sections
406, 420 IPC at Police Station City Nawanshahar, District Shaheed Bhagat Singh
Nagar 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 patient Bed to the Civil Hospital, Shaheed Bhagat Singh Nagar, 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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