Punjab-Haryana High Court
Baljinder Singh vs State Of Punjab And Others on 1 March, 2024
231 2024:PHHC:029831
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-63317-2023
Date of Decision: March 01, 2024
BALJINDER SINGH ........Petitioner
Versus
STATE OF PUNJAB AND OTHERS ........Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. S.S. Gill, Advocate for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Angrej Singh, Advocate for respondents No.2 and 3.
****
HARKESH MANUJA, J. (ORAL)
By way of this petition filed under Section 482 Cr.P.C. the
petitioner prays for quashing of case bearing FIR No.18 dated 13.05.2014
registered under Sections 304-A, 279 and 427 of IPC at P.S. Sadar
Pathankot, District Pathankot, along with all consequential proceedings
arising out of the same on the basis of compromise dated 24.11.2023.
2. As per allegations levelled in the FIR, the petitioner hit the
motorcycle of the deceased-Surinder Kumar from behind which resulted in
his death.
3. This Court while issuing notice of motion vide order dated
20.12.2023 directed the parties to appear before trial Court for getting their
statements recorded as regards the veracity of the compromise arrived at
between them.
4. In pursuance to the order dated 20.12.2023, a report dated
25.01.2024 has been received from the concerned Court, stating that the
compromise in the present case is genuine and voluntary.
2024:PHHC:029831 -2-
CRM-M-63317-2023
5. Learned counsel for the petitioner submits that once, a
compromise has been arrived at between the parties without any pressure
and respondents No.2 to 4 have no objection as regards quashing of FIR
as well as all other subsequent proceedings arising out of the same
against the petitioner; the dispute purely personal in nature, there does not
appear to be any impediment as regards quashing of present FIR. He also
submits that even, 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.
6. On the other hand, learned State counsel submits that
allegations in the present FIR are of serious nature and he opposes the
prayer made in the petition.
7. I have heard learned counsel for the parties and gone
through the records including the report dated 25.01.2024. 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 directions issued by this 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". The Coordinate
Bench of this Court in CRM-M-11143-2021 titled as "Deepak Sharma
2024:PHHC:029831 -3-
CRM-M-63317-2023
and Others Vs. State of Haryana and Another", CRM-M-8847-2023
titled as "Amrik Singh Gill Vs. U.T. Chandigarh and Others", CRM-
M-52090-2021 titled as "Palwinder Singh Vs. State of Punjab and
Another" and CRM-M-55259-2019 titled as "Sikander Yadav and
Another Vs. State of Haryana and Others" has quashed the FIR on
the basis of compromise arising out of offence under Section 304-A of
IPC.
8. Thus, in view of the aforesaid report, 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 FIR
No.18 dated 13.05.2014 registered under Sections 304-A, 279 and 427 of
IPC at P.S. Sadar Pathankot, District Pathankot, along with all
consequential proceeding arising therefrom, are hereby quashed.
9. The aforesaid order shall, however, be subject to payment
of Costs of Rs.50,000/- to be paid to the respondents No.2 to 4, within a
period of two weeks from today.
01.03.2024 (HARKESH MANUJA)
Tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
