Punjab-Haryana High Court
Sukhwinder Singh And Another vs State Of Punjab And Another on 23 April, 2024
290 2024:PHHC:055113
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-14007-2024
Date of Decision: April 23, 2024
SUKHWINDER SINGH AND ANOTHER ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Aman Kumar, Advocate for
Mr. Harsh Chopra, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Ms. Harmanjeet Kaur, Advocate for
Mr. Digvijay Singh Kadian, Advocate for respondent No.2.
****
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.04 dated 02.02.2024
registered under Sections 406 and 420 of IPC at P.S. Nurpur Bedi, District
Rupnagar, along with all consequential proceedings arising out of the
same on the basis of compromise dated 06.02.2024.
2. As per allegations levelled in the FIR, the petitioners
defrauded the complainant of Rs.9,00,000/-.
3. This Court while issuing notice of motion vide order dated
19.03.2024 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 19.03.2024, a report dated
10.04.2024 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 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 10.04.2024. 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. 04 dated 02.02.2024 registered under Sections 406 and 420 of IPC at
P.S. Nurpur Bedi, District Rupnagar along with all consequential
proceeding arising therefrom, are hereby quashed.
9. Accordingly, petition stands, allowed, however subject to
providing of three wheelchairs to the Civil Hospital, Rupnagar, 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.
23.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
