Punjab-Haryana High Court
Jasbir Singh And Others vs State Of Punjab And Another on 30 April, 2024
Neutral Citation No:=2024:PHHC:059399
CRM-M-10941-2024 --1--
2024:PHHC:059399
274 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-10941-2024
DATE OF DECISION:-30.04.2024
Jasbir Singh and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms. Komal Balain, Advocate for
Mr. Anmol Jeevan S. Gill, Advocate,
for the petitioners.
Mr. Siddharth Sandhu, AAG, Punjab.
Ms. Simrat Kaur, Advocate for
Mr. Gursharan Singh, Advocate
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.125 dated 10.11.2018, registered
under Sections 307, 326, 323, 506, 34 IPC, at Police Station Bhindi Saidan,
District Amritsar Rural (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of agreement/compromise
(Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners inflicted
injuries to the complainant.
Though, FIR is also registered under Section 307 IPC, however,
most of the injuries were on the non-vital part and there is no such opinion
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Neutral Citation No:=2024:PHHC:059399
CRM-M-10941-2024 --2--
that any injury was dangerous to life. Moreover, both the parties are of the
same village and are not involved in any other case.
3. In pursuance of order dated 01.03.2024 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 18.04.2024 has been received from the
concerned Court, stating that compromise so effected between
complainant-Sewa Singh and accused namely, Jasbir Singh, Sukha Singh,
Gorkhi Singh and Baldev Singh, is genuine and voluntary 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 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, the
parties are belong to the same village and keeping in view the safety and
betterment of the future of generations to come, they have entered into a
settlement besides it 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.
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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, submit that they volunteer to serve public cause by providing
one ECG Machine to Civil Hospital, Amritsar.
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.125 dated 10.11.2018, registered under
Sections 307, 326, 323, 506, 34 IPC, at Police Station Bhindi Saidan,
District Amritsar Rural (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, Amritsar, within a period
of four weeks from today as volunteered by the petitioners 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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