Punjab-Haryana High Court
Sumit Sirohi vs State Of Haryana And Another on 5 March, 2024
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269 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-49856-2023
DATE OF DECISION:-05.03.2024
Sumit Sirohi ...Petitioner..
vs.
State of Haryana and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Vikram Rana, Advocate,
for the petitioner.
Mr. Rajiv Sidhu, DAG, Haryana.
Mr. Deepam Raghav, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the
petitioner prays for quashing of FIR No.99, dated 27.04.2023, registered
under Section 294 IPC, at Police Station DLF Phase-I, Gurugram
(Annexure P-1) and all other subsequent proceedings arising therefrom on
the basis of compromise dated 04.09.2023 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioner, who was
working as Toll worker under the influence of alcohol started misbehaving
with the complainant on the toll plaza.
3. In pursuance of orders dated 03.10.2023 and 07.12.2023 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, report dated 20.12.2023 has been
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received from the concerned Court, stating therein that the compromise
between the complainant and the accused person is genuine, voluntary and
valid, as it is not the result of any undue influence or coercion. No accused
has 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
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
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, FIR No.99, dated 27.04.2023, registered under
Section 294 IPC, at Police Station DLF Phase-I, Gurugram as well as all
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subsequent proceedings arising therefrom are hereby quashed qua the
petitioner.
7. Accordingly, petition stands allowed subject to payment of costs
of Rs.10,000/- to be deposited by the petitioner with the Poor Patient
Welfare Fund, PGIMER, Chandigarh within a period of two weeks from the
date of receipt of certified copy of this order.
05.03.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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