Punjab-Haryana High Court
Harsh @ Anshu Kamboj And Others vs State Of Haryana And Others on 30 April, 2024
Neutral Citation No:=2024:PHHC:059334
CRM-M-11916-2024 --1--
2024:PHHC:059334
277 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-11916-2024
DATE OF DECISION:-30.04.2024
Harsh @ Anshu Kamboj and others ...Petitioners..
vs.
State of Haryana and others ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. R.K. Agnihotri, Advocate,
for the petitioners.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Ramesh Sharma, Advocate for
Mr. Nitin Sharma, Advocate,
for respondents No.2 and 3.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C.,
petitioners pray for quashing of FIR No.1016 dated 28.12.2023, registered
under Sections 148, 149, 323 and 506 IPC, at Police Station Indri, District
Karnal (Annexure P-1) and all other subsequent proceedings arising
therefrom on the basis of compromise dated 31.01.2024 (Annexure P-2).
2. As per the allegations, the petitioners along with their
accomplices after having entered into school of the complainant's son, gave
beatings and abused him by saying Chura/jalad etc. besides snatching the
silver chain and Rs.500/-.
Though, 06 persons were named in the FIR, however, only 03
accused i.e. present petitioners approached this Court by way of present
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petition.
3. In pursuance of order dated 07.03.2024 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
between them, report dated 20.03.2024 has been received from the
concerned Court, stating that complainant-Anita, injured-Harsh Gori and
accused, namely, Harsh @ Anshu Kamboj, Ankit Khan and Aryan have
amicably settled the matter, voluntarily and without any pressure or
coercion. Compromise seems to be genuine and voluntarily in nature. No
accused has been declared as proclaimed person.
4. Once, the compromise has been arrived at between the parties
without any pressure and respondents No.2 & 3 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, who are
young boys aged about 20 to 22 years and are not involved in any other
case. 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
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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. Further, learned counsel for the petitioners, while placing reliance
upon the judgments passed by the Hon'ble Supreme Court in Jayrajsingh
Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R.
(Criminal) 589 and this Court in Joginder Singh & another Vs. State of
Punjab and another, passed in CRM-M-23739- 2010 decided on
27.04.2011, Rajinder Singh Vs. State of Punjab & another, passed in
CRM-M- 37395-2016 decided on 16.05.2017 and Vimal Kalra & others
Vs. State of Punjab & another, passed in CRMM-20355-2022, decided on
25.07.2022 submits that partial quashing of the FIR is possible on the basis
of a compromise.
7. 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, Indri, District Karnal.
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.1016 dated 28.12.2023, registered under
Sections 148, 149, 323 and 506 IPC, at Police Station Indri, District Karnal
as well as all subsequent proceedings arising therefrom are hereby quashed
qua the petitioners only.
9. Accordingly, petition stands allowed, however, subject to
providing one Dr. Abbott, Arcatron Wheel Chair (Folding) 100 kg to the
Civil Hospital, Indri, District Karnal, within a period of two weeks from
today as volunteered by the petitioners against due receipt issued by the
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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.
30.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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