Punjab-Haryana High Court
Kushal And Others vs State Of Haryana And Another on 24 April, 2024
Neutral Citation No:=2024:PHHC:057325
CRM-M-50255-2023 --1--
2024:PHHC:057325
287 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-50255-2023
DATE OF DECISION:-24.04.2024
Kushal and others ...Petitioners..
vs.
State of Haryana and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Daljeet Singh Virk, Advocate,
for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. C.S. Jattana, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.247 dated 15.09.2023, registered
under Sections 147, 149, 323, 325 and 506 IPC, at Police Station Nathu
Sarai Chopta, District Sirsa (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of compromise deed dated
26.09.2023 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners inflicted
injuries to the complainant with their respective weapons and also
threatened to kill him in future.
3. In pursuance of order dated 05.02.2024 passed by this Court,
whereby parties were directed to appear before the Trial Court for getting
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Neutral Citation No:=2024:PHHC:057325
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their statements recorded as regards the veracity of compromise arrived at
between them, report dated 19.02.2024 has been received from the
concerned Court, stating that compromise is genuine, voluntarily, without
any coercion or undue influence. The compromise has been effected with
free will of the parties. No accused has been declared as proclaimed person.
4. Learned counsel for the parties inform this Court that Section 34
IPC was also added during the investigation.
5. 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
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. 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.
7. Moreover, learned counsel for the petitioners, on instructions
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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.
8. 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, FIR No.247 dated 15.09.2023, registered under
Sections 147, 149, 323, 325, 506 IPC (Section 34 IPC added lateron), at
Police Station Nathu Sarai Chopta, District Sirsa as well as all subsequent
proceedings arising therefrom are hereby quashed qua the petitioners.
9. Accordingly, petition stands allowed, however, subject to
providing equipment as mentioned below to the Civil Hospital, Sirsa, within
a period of two 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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