Punjab-Haryana High Court
Gurmeet Singh And Ors vs State Of Punjab And Another on 29 April, 2024
Neutral Citation No:=2024:PHHC:058608
CRM-M-14257-2024 --1--
2024:PHHC:058608
281 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-14257-2024
DATE OF DECISION:-29.04.2024
Gurmeet Singh and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Lokesh Vohra, Advocate,
for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Amit Mehta, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the
petitioners prays for quashing of FIR No.32 dated 24.02.2022, registered
under Sections 323, 324, 506, 148, 149 IPC, at Police Station Sadar
Ludhiana, Police Commissionerate Ludhiana (Annexure P-1) and all other
subsequent proceedings arising therefrom on the basis of
settlement/agreement dated 31.01.2024 (Annexure P-2).
2. The FIR in question, is an offshoot of matrimonial discord
between the daughter of petitioner No.1 and respondent No.2-complainant,
who have now mutually agreed to part their ways.
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
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Neutral Citation No:=2024:PHHC:058608
CRM-M-14257-2024 --2--
their statements recorded as regards the veracity of compromise arrived at
between them, report dated 23.04.2024 has been received from the
concerned Court, stating that compromise so effected seems to be genuine
and without any coercion or undue influence. 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. Moreover, learned counsel for the petitioners, on instructions
from his clients, submits that they volunteer to serve public cause by
providing one ECG Machine to Civil Hospital, Ludhiana.
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7. 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.32 dated 24.02.2022, registered under
Sections 323, 324, 506, 148, 149 IPC, at Police Station Sadar Ludhiana,
Police Commissionerate Ludhiana (Annexure P-1) as well as all subsequent
proceedings arising therefrom are hereby quashed qua the petitioners.
8. Accordingly, petition stands allowed, however, subject to
providing one ECG Machine to the Civil Hospital, Ludhiana, within a
period of two weeks from today as volunteered by the petitioner 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.
29.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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