Punjab-Haryana High Court
Aryan vs State Of Punjab And Others on 30 April, 2024
Neutral Citation No:=2024:PHHC:059319
CRM-M-12183-2024 --1--
2024:PHHC:059319
279 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-12183-2024
DATE OF DECISION:-30.04.2024
Aryan ...Petitioner..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. A.P. Kaushal, Advocate,
for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. N.S. Dandiwal, Advocate for
Mr. K.S. Saini, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C.,
petitioner prays for quashing of FIR No.327 dated 13.07.2023, registered
under Sections 379-B(2), 323, 341, 148 and 149 IPC, at Police Station
Division No.7, Police Commissionerate Ludhiana, District Ludhiana
(Annexure P-1) and all other subsequent proceedings arising therefrom on
the basis of compromise dated 16.02.2024 (Annexure P-2).
2. As per the allegations, the petitioner along with his accomplices
inflicted injuries to the complainant besides having taken a sum of
Rs.7500/- and Vivo mobile.
Though, 04 persons were named in the FIR, however, only one
accused i.e. present petitioner approached this Court by way of present
1 of 4
Neutral Citation No:=2024:PHHC:059319
CRM-M-12183-2024 --2--
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 02.04.2024 has been received from the
concerned Court, stating that the compromise between complainant-Sonu
Kumar and accused-Aryan seems to be genuine, voluntary and without any
coercion. Petitioner has not 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 petitioner; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioner. 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.
2 of 4
Neutral Citation No:=2024:PHHC:059319
CRM-M-12183-2024 --3--
6. Further, learned counsel for the petitioner, 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 petitioner on instructions from
his client, submit that he volunteers to serve public cause by providing one
wheel chair to Civil Hospital, Ludhiana.
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.327 dated 13.07.2023, registered under
Sections 379-B(2), 323, 341, 148 and 149 IPC, at Police Station Division
No.7, Police Commissionerate Ludhiana, District Ludhiana as well as all
subsequent proceedings arising therefrom are hereby quashed qua the
petitioner.
9. Accordingly, petition stands allowed, however, subject to
providing one Dr. Abbott, Arcatron Wheel Chair (Folding) 100 kg 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
3 of 4
Neutral Citation No:=2024:PHHC:059319
CRM-M-12183-2024 --4--
sent to the office of Advocate General, Punjab 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
4 of 4
