Punjab-Haryana High Court
Virender vs State Of Haryana And Others on 5 March, 2024
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CRM-M-49579-2023 --1--
269-a IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-49579-2023
DATE OF DECISION:-05.03.2024
Virender ...Petitioner..
vs.
State of Haryana and others ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Deepam Raghav, Advocate,
for the petitioner.
Mr. Rajiv Sidhu, DAG, Haryana.
Mr. Vikram Rana, Advocate,
for respondents No.2 and 3.
****
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.100, dated 27.04.2023, registered
under Sections 323, 506 and 342 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 having
abused respondent No.3-victim, forcefully removed the boom barrier
without paying the toll charges, besides it, he also threatened to kill him.
3. In pursuance of order dated 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 received from the
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concerned Court, stating that the compromise between the complainant,
aggrieved person 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 respondents No.2 & 3 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.100, dated 27.04.2023, registered under
Sections 323, 506 and 342 IPC, at Police Station DLF Phase-I, Gurugram as
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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.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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