Punjab-Haryana High Court
Shaminder Deep Singh And Ors vs State Of Punjab And Another on 29 April, 2024
Neutral Citation No:=2024:PHHC:058333
CRM-M-14294-2024 --1--
2024:PHHC:058333
292 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-14294-2024
DATE OF DECISION:-29.04.2024
Shaminder Deep Singh and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Lakhwinder Singh, Advocate,
for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Abdul Aziz, 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.23 dated 28.02.2024, registered
under Sections 323, 341, 148 and 149 IPC, at Police Station Lehra, District
Sangur (Annexure P-1) and all other subsequent proceedings arising
therefrom on the basis of compromise dated 08.03.2024 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners after
having encircled the complainant inflicted injuries to him with their
respective weapons.
3. In pursuance of order dated 19.03.2024 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
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Neutral Citation No:=2024:PHHC:058333
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between them, report dated 05.04.2024 has been received from the
concerned Court, stating that compromise between the parties is genuine,
voluntarily, out of free will of the parties. No accused has been declared as
proclaimed person.
4. 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.
5. 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.
6. 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.23 dated 28.02.2024, registered under
Sections 323, 341, 148 and 149 IPC, at Police Station Lehra, District Sangur
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(Annexure P-1) as well as all subsequent proceedings arising therefrom are
hereby quashed qua the petitioners.
7. Accordingly, petition stands allowed.
29.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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