Punjab-Haryana High Court
Soubhik Bhattacharjee And Ors vs State Of Haryana And Another on 1 March, 2024
Neutral Citation No:=2024:PHHC:029694
CRM-M-62250-2023 (O&M) 1 2024:PHHC:029694
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
230
CRM-M-62250-2023 (O&M)
Date of Decision: 01.03.2024
Soubhik Bhattacharjee and others .......... Petitioners
Versus
State of Haryana and another .......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. D.S. Virk, Advocate
for the petitioners.
Mr. Rajiv Sidhu, DAG, Haryana
for respondent No. 1.
Mr. Gurinder Singh, Advocate,
for respondent No. 2.
****
HARKESH MANUJA, J. (ORAL)
The petitioners, by way of present petition filed under Section
482 Cr.P.C., seek quashing of FIR No.08 dated 19.04.2023 (Annexure P-1)
under Sections 406, 420, 467, 468, 471, 506 and 120-B of IPC, at Police
Station Cyber Crime, District Kaithal, on the basis of compromise dated
01.09.2023 (Annexure P-2).
[2] This Court, while issuing notice of motion vide order dated
11.12.2023, directed the parties to appear before the Trial Court/Illaqa
Magistrate for recording their statements with regard to the validity of com-
promise.
[3] In pursuance of above order dated 11.12.2023, a report dated
16.01.2024 has been received from the concerned Court, stating that com-
promise effected between the parties is genuine, voluntary and without any
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coercion or undue influence. No accused has been declared as proclaimed
offender.
[4] Thus once, the compromise has been arrived at between the par-
ties without any pressure and respondent No. 2 has 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, in
order 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.
[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.
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
well as all subsequent proceedings arising therefrom are hereby quashed qua
the petitioners.
[7] The aforesaid order shall, however, be subject to payment of
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costs of Rs. 10,000/- to be deposited by each of the petitioners with the Poor
Patients' Welfare Fund of the PGIMER, Chandigarh, within a period of two
weeks from today.
March 01, 2024 ( HARKESH MANUJA )
monika JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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