Punjab-Haryana High Court
Jagjit Singh And Others vs State Of Punjab And Another on 25 April, 2024
274 2024:PHHC:056774
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-29727-2023
Date of Decision: April 25, 2024
JAGJIT SINGH AND OTHERS ........Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:Mr. Jagjeet Singh, Advocate for
Mr. Amit Arora, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Ms. Meenu, Advocate for
Mr. P.S. Kanwar, 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.0194 dated
02.08.2021 registered under Sections 454 and 380 of IPC at P.S. Division
B, District Amritsar, along with all consequential proceedings arising
out of the same on the basis of compromise.
2. As per allegations levelled in the FIR, the petitioners forcibly
entered into the house as well as office of complainant-respondent No.2
and stole valuable articles. In the present case petitioner No.2 has
unfortunately died and compromise has been effected with the remaining
petitioners.
3. This Court while issuing notice of motion vide order dated
03.07.2023 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 03.07.2023, a report dated
24.04.2024 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 respondent 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 24.04.2024. 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. 0194 dated 02.08.2021 registered under Sections 454 and 380 of IPC
at P.S. Division B, District Amritsar along with all consequential
proceeding arising therefrom, are hereby quashed.
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.5,000/- to be deposited with the Punjab and Haryana
High Court Bar Clerks' Association, Chandigarh, within a period of two
weeks from today.
25.04.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
