Punjab-Haryana High Court
Harkirat Singh (Minor) vs State Of Punjab And Another on 23 January, 2024
Neutral Citation No:=2024:PHHC:008970
Neutral Citation No. 2024:PHHC:008970
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 45128 of 2022 (O&M)
Date of Decision: 23.01.2024
Harkirat Singh (minor)
.......... Petitioner
Versus
The State of Punjab and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Amandeep Singh, Advocate, for
Mr. Kamaldeep Kumar, Advocate
for the petitioner.
Mr. Gurlal Singh Dhillon, Assistant Advocate General, Punjab
for respondent No. 1.
Mr. Dheeraj Kumar, Advocate for
Mr. H.P.S. Ishar, Advocate
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
The petitioner, by way of present petition filed under Section
482 Cr.P.C., seeks quashing of FIR No. 0218 dated 13.09.2021 (Annexure
P-1) under Sections 279 & 338 of IPC, registered at Police Station Kharar,
District SAS Nagar (Mohali), alongwith all consequential proceedings
arising out of the same on the basis of compromise dated 19.09.2022
(Annexure P-2).
[2] This Court vide order dated 14.03.2023 and subsequent order
dated 08.12.2023, directed the parties to appear before the Trial Court/Illaqa
Magistrate for recording their statements with regard to the validity of
compromise.
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[3] In pursuance of above order dated 08.12.2023, a report dated
04.01.2024 has been received from the concerned Court, stating that
compromise effected between the parties is genuine, voluntary and without
any coercion or undue influence. No accused has been declared as
proclaimed offender.
[4] Thus 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 present 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
furture, 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] 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, the petition is allowed and the FIR (supra) as
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well as all subsequent proceedings arising therefrom are hereby quashed qua
the petitioner.
January 23, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2024:PHHC:008970
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