Punjab-Haryana High Court
Rajbir Singh And Another vs State Of Haryana And Others on 23 April, 2024
289 2024:PHHC:055123
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-11690-2024
Date of Decision: April 23, 2024
RAJBIR SINGH AND ANOTHER ........Petitioners
Versus
STATE OF HARYANA AND OTHERS ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Rajesh Goyal, Advocate for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Dinesh Saini, Advocate for the respondents No. 2 to 4.
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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.11 dated 13.01.2022
registered under Sections 406, 420 and 120-B of IPC at P.S. Dera Bassi,
District SAS Nagar, along with all consequential proceedings arising
out of the same on the basis of compromise dated 26.02.2024.
2. As per allegations levelled in the FIR, the petitioners
committed fraud with complainants-respondents No.2 to 4 by duping them
of Rs.29,00,000/- on the pretext of repaying their loan and transferring the
vehicles in the name of respondents No.2 to 4.
3. This Court while issuing notice of motion vide order dated
05.03.2024 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 05.03.2024, a report dated
20.03.2024 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 respondents No.2 to 4 have 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 20.03.2024. 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. 11 dated 13.01.2022 registered under Sections 406, 420 and 120-B of
IPC at P.S. Dera Bassi, District SAS Nagar along with all consequential
proceeding arising therefrom, are hereby quashed.
9. Accordingly, petition stands, allowed, however subject to
providing three wheelchairs to the Civil Hospital, Panipat 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, Haryana at the earliest for maintaining records in
this regard.
23.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
