Punjab-Haryana High Court
Navraj Singh vs State Of Punjab And Another on 16 January, 2024
Neutral Citation No:=2024:PHHC:005967
CRM-M-64103-2023 -1- 2024:PHHC:005967
285
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-64103-2023
Date of Decision: 16.01.2024
Navraj Singh
.......... Petitioner
Versus
State of Punjab and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Jasmeet Singh Ghuman, Advocate,
for the petitioner.
Mr. Gurlal Singh Dhillon, AAG, Punjab.
Ms. Shreya Rana, Advocate
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
By way of present petition under Section 482 Cr.P.C. the
petitioner prays for quashing of FIR No. 209 dated 30.11.2021 (Annexure P-
1) under Sections 323, 324, 148 and 149 of IPC (Sections 307, 326 and 341
IPC added later on), registered at Police Station Shahkot, District Jalandhar
Rural, alongwith all consequential proceedings arising out of the same on the
basis of compromise dated 10.03.2023 (Annexure P-2).
[2] This Court while issuing notice of motion vide order dated
20.12.2023, directed the parties to appear before the Trial Court/Illaqa Mag-
istrate for recording their statements with regard to the validity of compro-
mise.
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[3] In the present case the petitioner was never named in the FIR
though implicated on the basis of statement made by the injured
complainant. Even Section 307 was added later on vide DDR No. 40
07.12.2021 after obtaining legal opinions. Moreover, the injuries of Section
307 has not been attributed to the petitioner.
[4] In pursuance to above order dated 20.12.2023, a report dated
09.01.2024 has been received from the concerned Court, stating that the
compromise is genuine, voluntary and without any coercion or undue
influence. No accused has been declared as proclaimed offender.
[5] 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 or-
der to maintain peace and harmony between the parties, particularly under
the present circumstances wherein the alleged offences have no societal in-
terest involved, it would be appropriate to render complete quietus to the
aforementioned dispute by quashing the FIR on the basis of compromise en-
tered into between the parties.
[6] 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 the case(s) of Kulwinder Singh & Ors. Vs.
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State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of
Punjab & Anr., 2012(4) RCR (Crl.) 543.
[7] Further, learned counsel for the petitioner, while placing re-
liance upon the judgments passed by the Hon'ble Supreme Court in the case
of Jayrajsingh Digvijaysinh Rana Versus State of Gujarat and another,
2012(4) R.C.R. (Criminal) 589 and this Court in the case(s) of Joginder
Singh & another Versus State of Punjab and another, passed in CRM-M
No.23739 of 2010 decided on 27.04.2011, Rajinder Singh Versus State of
Punjab & another, passed in CRM-M No.37395 of 2016 decided on
16.05.2017 and Vimal Kalra & others Versus State of Punjab & another,
passed in CRM-M No.20355 of 2022, decided on 25.07.2022 submits that
partial quashing of the FIR is possible on the basis of a compromise.
[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 afore-
mentioned judgments, the FIR (supra) as well as all subsequent proceedings
arising therefrom are hereby quashed qua the petitioner.
[9] Accordingly, petition stands allowed, however, subject to pay-
ment of cost(s) of Rs.20,000/- to be deposited by the petitioner with the Pun-
jab Police Welfare Fund, within a period of two weeks from today.
16.01.2024 ( HARKESH MANUJA )
monika JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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