Punjab-Haryana High Court
Mandeep Singh And Ors vs State Of Punjab And Others on 25 April, 2024
264 2024:PHHC:056850
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-36141-2021
Date of Decision: April 25, 2024
MANDEEP SINGH AND ORS ........Petitioners
Versus
STATE OF PUNJAB AND OTHERS ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Naveen Batra, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Vinod Kumar Kaushal, Advocate for
respondents No.2 and 3.
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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.90 dated 21.04.2014
registered under Sections 452, 307, 324, 323, 427, 506, 148 and 149 of
IPC at P.S. Tanda, District Hoshiarpur along with all consequential
proceedings arising out of the same on the basis of compromise dated
11.12.2019.
2. As per allegations levelled in the FIR, the petitioners inflicted
injuries on respondents No.2 and 3 with their respective weapons.
3. This Court while issuing notice of motion vide order dated
26.10.2021 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 26.10.2021, a report dated
30.11.2021 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 and 3 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 30.11.2021. 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. Moreover, learned counsel for the petitioners on instructions
from his clients, submit that they volunteer to serve public cause by
providing one wheel chair to Civil Hospital, Hoshiarpur.
9. 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. 90 dated 21.04.2014 registered under Sections 452, 307, 324, 323,
427, 506, 148 and 149 of IPC at P.S. Tanda, District Hoshiarpur along
with all consequential proceeding arising therefrom, are hereby
quashed.
10. Accordingly, petition stands, allowed, however subject to
providing two electronic suction machines (0.25/0.5BHP) and two Air
Quality Monitors to Civil Hospital, Hoshiarpur 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,
Punjab at the earliest for maintaining records in this regard.
25.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
