Punjab-Haryana High Court
Riyal Lehry And Anr vs State Of Punjab And Another on 30 April, 2024
Neutral Citation No:=2024:PHHC:059194
CRM-M-41948-2023 --1--
2024:PHHC:059194
266 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-41948-2023
DATE OF DECISION:-30.04.2024
Riyal Lehry and another ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Vinay Puri, Advocate for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Amandeep Singh, Advocate for
Ms. Davinder Kaur Sidhu, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C.,
petitioners pray for quashing of FIR No.92 dated 17.07.2021, registered
under Sections 341, 324, 323, 34 IPC, at Police Station Division No.1,
Police Commissionerate Jalandhar, District Jalandhar (Annexure P-1) and
all other subsequent proceedings arising therefrom on the basis of
compromise deed dated 12.07.2023 (Annexure P-2).
2. As per the allegations, the petitioners inflicted injuries to the
complainant with their respective weapons.
Though, 03 persons were named in the FIR, however, only two
accused i.e. present petitioners have approached this Court by way of
present petition and third accused namely, Vipin Kumar wishes to file
separate petition.
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3. In pursuance of order dated 04.03.2024 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 16.04.2024 has been received from the
concerned Court, stating that the compromise is genuine, voluntary and
without any coercion or undue influence, qua them. 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. Further, learned counsel for the petitioner, while placing reliance
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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 deposit a cost of Rs.5000/- with the
Nishkam Sewa Group (For Charitable Work) run by Punjab & Haryana
High Court Lawyers at Chandigarh.
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.92 dated 17.07.2021, registered under
Sections 341, 324, 323, 34 IPC, at Police Station Division No.1, Police
Commissionerate Jalandhar, District Jalandhar as well as all subsequent
proceedings arising therefrom are hereby quashed qua the petitioners.
9. Accordingly, petition stands allowed subject to payment of costs
of Rs.5,000/- to be deposited by the petitioners with the Nishkam Sewa
Group (For Charitable Work) run by Punjab & Haryana High Court
Lawyers at Chandigarh, within a period of two weeks from today from the
date of receipt of certified copy of this order.
30.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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