Punjab-Haryana High Court
Suresh Dalal vs State Of Haryana And Another on 23 January, 2024
Neutral Citation No:=2024:PHHC:010394
2024:PHHC:010394
CRM-2168-2024 in/and
CRM-M-35268-2023 --1--
133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-2168-2024 in/and
CRM-M-35268-2023
DATE OF DECISION:-23.01.2024
Suresh Dalal ...Petitioner
vs.
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Vishwajeet, Advocate for the petitioner.
Mr. Chetan Sharma, DAG, Haryana.
Mr. Deepam Ragav, Advocate for
Mr. Sourabh Bhardwaj, Advocate for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
CRM-2168-2024
Prayer in this application is for preponing the date of hearing in
the main case.
Notice of the application.
Mr. Chetan Sharma, DAG, Haryana accepts notice on behalf of
respondent-State, whereas, Mr. Deepam Ragav, Advocate for Mr. Sourabh
Bhardwaj, Advocate accepts notice on behalf of respondent No.2 and raise
no objection to the application.
Having heard learned counsel for the parties and gone through the
contents of the application, same is allowed and date of hearing in the main
is preponed from 23.11.2024 to today itself i.e. 23.01.2024 for hearing and
final disposal.
1 of 3
Neutral Citation No:=2024:PHHC:010394
2024:PHHC:010394
CRM-2168-2024 in/and
CRM-M-35268-2023 --2--
Main case
1. By way of present petition under Section 482 Cr.P.C., the
petitioner prays for quashing of FIR No.343, dated 26.09.2018, under
Sections 188 and 452 IPC (Section 448 IPC added and 452 IPC deleted),
registered at Police Station Division Civil Line Jind, District Jind
(Annexure P-1) and all other subsequent proceedings arising therefrom on
the basis of compromise 04.01.2023 (Annexure P-2).
2. As per the allegations, the petitioner has taken the possession of
the house in question illegally.
3. In pursuance of order dated 16.08.2023 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, a report dated 22.09.2023 has been received from the
concerned Court, stating that the compromise has been entered into by the
parties of their own will and volition and same is genuine, voluntary and
without any coercion or undue influence. Petitioner-accused 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
2 of 3
Neutral Citation No:=2024:PHHC:010394
2024:PHHC:010394
CRM-2168-2024 in/and
CRM-M-35268-2023 --3--
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, FIR No.343, dated 26.09.2018, under Sections
188 and 452 IPC (Section 448 IPC added and 452 IPC deleted), registered
at Police Station Division Civil Line Jind, District Jind as well as all
subsequent proceedings arising therefrom are hereby quashed qua the
petitioner.
7. Accordingly, petition stands allowed subject to payment of costs
of Rs.20,000/-, out of which Rs.10,000/- with the PGI Poor Patient Welfare
Fund and Rs.10,000/- with Bharat Sewak Samaj, Nehru Bhawan, Sector 24,
Chandigarh, within a period of two weeks from the date of receipt of
certified copy of this order.
23.01.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
Neutral Citation No:=2024:PHHC:010394
3 of 3
