Citation : 2024 Latest Caselaw 5125 P&H
Judgement Date : 6 March, 2024
Neutral Citation No:=2024:PHHC:033576
Neutral Citation No. 2024:PHHC:033576
271
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 38806 of 2023 (O&M)
Date of Decision: 06.03.2024
Satnam Singh @ Satta and others
.......... Petitioners
Versus
State of Punjab and others
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Rajehwar Singh, Advocate
for the petitioners.
Mr. Siddharath Sandhu, Assistant Advocate General, Punjab
for respondent No. 1.
Mr. H.S. Gharoo, Advocate,
for respondent Nos. 2 & 3.
****
HARKESH MANUJA, J. (ORAL)
The petitioners, by way of present petition filed under Section
482 Cr.P.C., seeks quashing of FIR No. 170 dated 08.11.2020 (Annexure P-
1) under Sections 307, 452, 380, 427, 148 & 149 of IPC read with Sections
25, 54 & 59 of the Arms Act [offences under Sections 307, 452, 427, 148 &
149 of IPC and Sections 25, 54 & 59 of Arms Act deleted vide Rapat No. 23
dated 02.03.2021 and the offences under Sections 380/34 of IPC added, vide
DDR No. 25 dated 21.08.2022 (the offences under Sections 454/201 of IPC
added later on)], registered at Police Station Rangar Nangal, Police District
Batala; further quashing of challan dated 29.03.2023 under Sections
380/454/201 read with Section 34 of IPC, alongwith all consequential
proceedings arising out of the same on the basis of compromise (Annexure
1 of 3
Neutral Citation No:=2024:PHHC:033576
P-5).
[2] This Court, while issuing notice of motion vide order dated
08.08.2023, directed the parties to appear before the Trial Court/Illaqa
Magistrate for recording their statements with regard to the validity of
compromise.
[3] In pursuance of above order dated 08.08.2023, a report dated
09.10.2023 has been received from the concerned Court, stating that
compromise effected between the parties is genuine, voluntary and without
any coercion or undue influence. No accused has been declared as
proclaimed offender.
[4] Thus once, the compromise has been arrived at between the
parties without any pressure and respondent Nos. 2 & 3 having 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 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
2 of 3
Neutral Citation No:=2024:PHHC:033576
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
costs of Rs. 20,000/- to be deposited by the petitioners with the Poor
Patients' Welfare Fund of the PGIMER, Chandigarh, within a period of two
weeks from today.
March 06, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2024:PHHC:033576
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