Punjab-Haryana High Court
Jagdeep Singh And Others vs State Of Punjab And Another on 24 April, 2024
Neutral Citation No:=2024:PHHC:057629
CRM-M-17007-2023 --1--
and another case
2024:PHHC:057629
284 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
DATE OF DECISION:-24.04.2024
1. CRM-M-17007-2023
Jagdeep Singh and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
2. CRM-M-17015-2023
Anoop Singh and another ...Petitioners.
vs.
State of Punjab and another ...Respondents.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Sunita Devi, Advocate for
Mr. Yaseen Sethi, Advocate,
for the petitioners (in CRM-M-17007-2023) and
for respondent No.2 (in CRM-M-17015-2023).
Mr. Siddharth Sandhu, AAG, Punjab.
Ms. Ramandeep Kaur, Advocate for
Mr. Varinder Basa, Advocate,
for the petitioners (in CRM-M-17015-2023) and
for respondent No.2 (CRM-M-17007-2023).
****
HARKESH MANUJA, J. (Oral)
1. This common judgment of mine shall dispose of two petitions
bearing CRM-M-17015-2023 and CRM-M-17007-2023.
2. CRM-M-17015 of 2023 has been filed for quashing of FIR No.47,
dated 18.06.2016, under Sections 325, 323, 34 IPC, Police Station Shri
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Neutral Citation No:=2024:PHHC:057629
CRM-M-17007-2023 --2--
and another case
Hargobindpur, District Batala, Gurdaspur, Punjab (Annexure P-1) along
with all subsequent proceedings arising therefrom, on the basis of
compromise dated 24.02.2023 (Annexure P-3).
3. CRM-M-17007 of 2023 has been filed for quashing of DDR No.
17 dated 19.06.2016, under Sections 325, 323, 34 IPC, Police Station Shri
Hargobindpur, District Batala, Gurdaspur, Punjab (Annexure P-1) recorded
in FIR No.47, dated 18.06.2016, under Sections 325, 323, 34 IPC, Police
Station Shri Hargobindpur, District Batala, Gurdaspur (Annexure P-2) along
with all subsequent proceedings arising therefrom, on the basis of
compromise dated 24.02.2023 (Annexure P-3).
4. Present is a version and cross-version case, in which, both the
parties inflicted injuries to each other.
5. In pursuance of separate orders dated 08.08.2023 passed by this
Court, whereby parties were directed to appear before the Trial Court for
getting their statements recorded as regards the veracity of compromise
arrived at between them, separate reports dated 20.09.2023 have been
received from the concerned Court, stating that compromise is genuine,
voluntarily, without any coercion or undue influence between the
complainant and the accused persons. No accused has been declared as
proclaimed person.
6. 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 petitioners; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioners. Even otherwise, in
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Neutral Citation No:=2024:PHHC:057629
CRM-M-17007-2023 --3--
and another case
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.
7. 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.
8. Moreover, learned counsel for the petitioners, on instructions
from his client, submits that they volunteer to serve public cause by
providing the following medical equipment up to the cost of Rs.30,000/- to
Civil Hospital, Sirsa.
9. Thus, in view of the aforesaid facts, accompanied by statements
of both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, both the petitions are allowed, FIR No.47, dated
18.06.2016, under Sections 325, 323, 34 IPC, Police Station Shri
Hargobindpur, District Batala, Gurdaspur, Punjab as well as all subsequent
proceedings including cross-case bearing DDR No.17, dated 19.06.2016,
under Sections 325, 324, 34 IPC, are hereby quashed qua the petitioners.
10. Accordingly, petitions stand allowed, however, subject to
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Neutral Citation No:=2024:PHHC:057629
CRM-M-17007-2023 --4--
and another case
providing equipment as mentioned below to the Civil Hospital, Batala,
Gurdaspur, within a period of three weeks from today as volunteered by the
petitioners 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.
Sr. Name of Equipment Qty
No.
1 Plasma Expressor (Terumo Penpol 2
Company)
24.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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