Punjab-Haryana High Court
Sewak Singh And Others vs State Of Punjab And Another on 30 April, 2024
Neutral Citation No:=2024:PHHC:059541
CRM-M-12019-2024 --1--
and another connected cases
2024:PHHC:059541
278 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
DATE OF DECISION:-30.04.2024
1. CRM-M-12019-2024
Sewak Singh and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
2. CRM-M-12044-2024
Jaswinder Singh and others ...Petitioners.
vs.
State of Punjab and others ...Respondents.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr.Sourabh Kandu, Advocate for
Mr. Raman Singla, Advocate,
for the petitioners (in CRM-M-12019-2024) and
for respondents No.2 and 3 (in CRM-M-12044-2024).
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Neeraj Jain, Advocate,
for the petitioners (in CRM-M-12044-2024) and
for respondent No.2 (in CRM-M-12019-2024)
****
HARKESH MANUJA, J. (Oral)
1. This common judgment of mine shall dispose of two petitions
bearing CRM-M-12019-2024 and CRM-M-12044-2024.
2. CRM-M-12019 of 2024 has been filed for quashing of G.D/ Rapat
No.58, dated 15.12.2023, under Sections 323, 34 IPC and Section 3 of the
SC/ST Act, 1989, at Police Station Jhunir District Mansa in FIR No.210
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Neutral Citation No:=2024:PHHC:059541
CRM-M-12019-2024 --2--
and another connected cases
dated 15.12.2023, registered under Sections 323, 324, 148, 149 IPC, at
Police Station Jhunir, District Mansa along with all subsequent proceedings
arising therefrom, on the basis of compromise (Annexure P-2).
3. CRM-M-12044 of 2024 has been filed for quashing of FIR
No.210 dated 15.12.2023, registered under Sections 323, 324, 148, 149 IPC,
at Police Station Jhunir, District Mansa (Annexure P-1) along with all
subsequent proceedings arising therefrom, on the basis of compromise
(Annexure P-2).
4. Present is a version and cross-version case, in which, both the
parties inflicted injuries to each other.
5. In pursuance of separate orders 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, separate reports dated 23.04.2024 have been
received from the concerned Court, stating that the compromise so arrived
at between the parties is genuine, voluntary and out of free will of the
parties. No accused has been declared as proclaimed person.
6. Once, the compromise has been arrived at between the parties
without any pressure and respondent(s) having no objection as regards
quashing of aforementioned FIR as well as G.D./Rapat along with all other
subsequent proceedings arising out of the same against the petitioner(s);
there does not appear to be any impediment as regards quashing of present
FIR qua the petitioner(s). 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
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Neutral Citation No:=2024:PHHC:059541
CRM-M-12019-2024 --3--
and another connected cases
appropriate to render complete quietus to the aforementioned dispute by
quashing the FIR and G.D./Rapat on the basis of compromise entered into
between the parties.
7. The parties, who are residents of same village, 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 the aforementioned FIR and G.D./Rapat. 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.
8. Moreover, learned counsel for the petitioner(s) on instructions
from their clients, submit that petitioner(s) (including petitioners in CRM-
M-12044-2024) volunteer to serve public cause by providing 01 Water
Cooler to Civil Hospital, Mansa.
9. Thus, in view of the aforesaid facts, accompanied by statement of
both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, the abovementioned two petitions are allowed,
G.D/ Rapat No.58, dated 15.12.2023, under Sections 323, 34 IPC and
Section 3 of the SC/ST Act, 1989, at Police Station Jhunir District Mansa in
FIR No.210 dated 15.12.2023, registered under Sections 323, 324, 148, 149
IPC, at Police Station Jhunir, District Mansa as well as FIR No.210 dated
15.12.2023, registered under Sections 323, 324, 148, 149 IPC, at Police
Station Jhunir, District Mansa, are hereby quashed qua the petitioner(s).
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CRM-M-12019-2024 --4--
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10. However, aforesaid order shall be subject to providing 01 Water
Cooler to the Civil Hospital, Mansa, within a period of three weeks from
today as volunteered by the petitioners (including petitioners in CRM-M-
12044-2024) 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.
30.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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